We were recently asked if it was necessary to consider shifts on a daily basis, surely weekly was sufficient?
The answer is shifts must be considered on a date by date basis. The reason is that the AWR act states the week starts independently for each worker at each hirer dependant on their first day of work.
For example take two workers Mr A and Miss B. Mr A starts on a Monday 1st of Feb, Miss B starts on Thursday 4th Feb. They both then work the next Tuesday (9th of Feb).
Mr A's AWR week starts on the Monday and finishes on the Sunday, so the next Tuesday falls in the next week. He has accumulated 2 weeks.
Miss B's AWR week starts on the Thursday and finishes the next Wednesday, so the Tuesday falls within her first week. She has accumulated just the one week.
With any irregular pattern of work this means that one worker working a single day in every week for 12 weeks may accumulate 12 weeks, or could only accumulate 6 weeks if the worked dates fell in a beginning of week one week / end of week the next week pattern.
We have produced an animated version of this explanation:
For the act itself here:
http://www.legislation.gov.uk/uksi/2010/93/contents/made
For reasonably readable 57 pages of information on comparison of benefits for temp workers versus substantive staff and other parts of the act then more here:
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