Anyone know about AWR when using contractors

[SeanyD]

Got a contractor working for me via an umbrella company, the umbrella company is requesting I complete a AWR document showing details of permanent members of staff. I do get what AWR is about, trying to ensure the contractor is being treated fairly etc etc, but one of the questions is what would the salary be of a similar permanent member of staff.

Question, wtf has it got to do with them, and do I legally have to tell them. Perm members of staff rates vary depending on so many things, length of service, age, experience, qualifications etc etc.

I can't see how or why I should legally need to reply to the question.

Any advice from any experts, much appreciated

Thanks in advance.

[Eric Mc]

What does AWR stand for?

[SeanyD]

Agency Workers Regulation 2010

[bigandclever]

Surely you only have to tell them the details of a comparable staff member?

[Eric Mc]

This might help -

http://www.direct.gov.uk/en/Employment/Understandi...

I can't see any circumstances where you are obliged to disclose to an agency the terms and conditions you have negotiated with your employees.

[SeanyD]

bigandclever said:

Surely you only have to tell them the details of a comparable staff member?

Thats my point, I dont have any comparable members of staff because they're permanent, therefore on regular salaries rather than contractor rates, which are always going to be greater.

[bigandclever]

SeanyD said:

bigandclever said:

Surely you only have to tell them the details of a comparable staff member?

Thats my point, I dont have any comparable members of staff because they're permanent, therefore on regular salaries rather than contractor rates, which are always going to be greater.

A comparable worker is a directly employed, permanent member of staff who does similar, although not necessarily the same, type of work and generally at the same location. If there is not a comparable worker then there is no entitlement to equal treatment.

[SeanyD]

bigandclever said:

a directly employed, permanent member of staff who does similar, although not necessarily the same, type of work and generally at the same location

...which I do have, many workers that fall into this, but I dont see why I should disclose their salary details. A contractor, because of what they are, is mostly always going to be on a higher rate, so disclosing perm staff salaries is not relevent or of any use..surely (?)

[bigandclever]

SeanyD said:

... so disclosing perm staff salaries is not relevent or of any use..surely (?)

How would the temps know they are being treated equally if the employer won't disclose the permy's details?

ETA This is how Michael Page see it... http://www.michaelpage.co.uk/content/18084/awr.htm...

Edited by bigandclever on Friday 16th March 13:24