I'm an agency worker, what rights do I have?
Short answer
Agency workers have basic rights from day one (rest breaks, anti-discrimination protections, pay at the national minimum wage), and after 12 weeks in the same role are entitled to the same basic pay and conditions as comparable direct employees.
Agency workers — people supplied by a recruitment agency to work for a hirer — have statutory rights under the Agency Workers Regulations 2010 and general employment law. From day one of an assignment, agency workers are entitled to access collective facilities and amenities at the hirer's workplace (such as canteen, childcare, and car parking), receive information about job vacancies at the hirer, and be paid at least the National Living Wage. After 12 weeks in the same role with the same hirer (the "qualifying period"), agency workers gain the right to equal treatment on certain key working conditions — specifically, basic pay, overtime, rest breaks, working hours, night work, and annual leave equivalent to that received by a comparable direct employee doing the same or similar work. Agency workers do not automatically become employees of the hirer or the agency — their employment status depends on the actual arrangements, but they are generally "workers" rather than employees, meaning they have rights to paid holiday, SSP, and protection from unlawful deductions from wages but not (usually) unfair dismissal rights. However, HMRC looks at the substance of the working arrangements, and some agency workers may be treated as employees in practice. Agency workers who believe they are being denied their rights can bring claims in the employment tribunal after completing ACAS early conciliation.
In-depth guide
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