Agency Worker Rights and Contracts

Agency workers have specific rights under the Agency Workers Regulations 2010. These rights apply from different points during an assignment.

Day One Rights

From the first day of an assignment, agency workers are entitled to:

• Access to facilities - canteen, childcare, parking, transport
• Job vacancy information - same access as direct employees
• 5.6 weeks paid holiday - statutory minimum
• Rest breaks - same as employees
• National Minimum Wage - appropriate rate

12-Week Qualifying Period

After 12 calendar weeks in the same role with the same hirer, agency workers gain:

Equal Treatment Rights

• Pay - same basic pay as a comparable direct employee
• Overtime rates - if applicable
• Shift allowances - if applicable
• Bonuses - linked to individual performance
• Holiday entitlement - if higher than statutory
• Vouchers - with monetary value

What Doesn't Count

The following don't need to be equal after 12 weeks:

• Occupational sick pay
• Pension contributions
• Redundancy pay
• Maternity/paternity pay beyond statutory
• Company car (unless part of salary package)

Calculating the 12-Week Period

The clock starts on the first day working for a hirer and continues unless:

Clock Pauses (Doesn't Reset)

• Sickness up to 28 weeks
• Annual leave
• Jury service
• Workplace closure (e.g., Christmas shutdown)
• Strike or industrial action

Clock Resets

• Break of 6+ weeks between assignments with same hirer
• New assignment with different hirer
• Substantively different role with same hirer

Anti-Avoidance Rules

Hirers cannot:

• Structure assignments to prevent the 12-week threshold being reached
• Move workers between roles solely to reset the clock
• Use multiple agencies for the same role to avoid equal pay

Such arrangements are unlawful and can lead to tribunal claims.

Comparable Employee

To establish equal pay rights, there must be a comparable employee who:

• Works for the same hirer
• Does the same or similar work
• Is directly employed (not agency)

If no comparable employee exists, agency workers may not be entitled to enhanced rates.

Written Statement

Agencies must provide agency workers with a written statement containing:

• Type of contract (contract for services or employment)
• How and when they will be paid
• Holiday entitlement and pay
• Notice periods
• Procedures for resolving disputes

Who Is Responsible?

Right	Who Is Responsible
Day one rights (facilities, job info)	Hirer
Equal pay after 12 weeks	Hirer
Holiday pay	Agency
Written statement	Agency
NMW compliance	Both

Making a Complaint

Agency workers can bring tribunal claims for:

• Failure to provide day one rights
• Failure to provide equal treatment after 12 weeks
• Being subjected to detriment for asserting rights

Claims must be brought within 3 months less 1 day of the alleged breach.