Geoffrey Caesar, Solicitor

If you are looking for work through a recruitment agency, you might wonder what your rights and obligations are as an agency worker.

In this blog post, I shall explain the definition of an agency worker, the legal framework that applies to agency workers, and some of the benefits and challenges of working as an agency worker.

Definition of an agency worker

The Agency Workers Regulations 2010, s. 3(1), defines an agency worker as an individual who:

• is supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer
• has a contract with the temporary work agency, which is either a contract of employment or a contract to perform work or services personally

You are an agency worker if you have a contract with an agency but work for another organisation (the hirer) temporarily. The agency is responsible for paying your wages, deducting tax and National Insurance, and providing you with a written statement of terms and conditions. The hirer manages your work, provides you with equipment and materials, and ensures your health and safety.

You are not an agency worker if you use an agency to find permanent or fixed-term employment with a hirer or if you are self-employed and work for clients directly.

Legal framework for agency workers

The primary legislation that regulates the rights and obligations of agency workers in the UK is the Agency Worker Regulations 2010 (AWR), which came into force in October 2011. The AWR implements the EU Directive on Temporary Agency Work 2008, which aims to ensure equal treatment between agency workers and permanent employees of the hirer.

The AWR gives agency workers two types of rights: day-one rights and week-12 rights.

Day one rights

From the first day of an assignment, agency workers have the same right as direct employees of the hirer to:

• use any shared facilities and services, such as canteens, childcare, parking, or transport
• access information about permanent job vacancies at the hirer
• be protected from discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation
• be protected from detriment or dismissal for raising health and safety issues or asserting their rights under the AWR.

Week 12 rights

After completing 12 weeks of work on the same assignment at the same hirer, agency workers have the right to:

• receive the same basic pay and conditions as direct employees of the hirer who do the same or similar work, including holiday entitlement, overtime pay, bonuses linked to performance, and maternity pay
• receive paid time off for antenatal appointments if they are pregnant
• request flexible working arrangements if they return from maternity, paternity, adoption or shared parental leave.

A week counts towards the 12-week qualifying period if you work at least one hour in that week. The qualifying period can be paused or reset in certain circumstances, such as breaks between assignments, sickness absence, annual leave, industrial action, or changes in the role or location.

Benefits and challenges of working as an agency worker

Working as an agency worker can have advantages and disadvantages compared to working as a permanent employee. Some of the benefits are:

• Flexibility: you can choose when and where you want to work and change assignments easily if you are not happy with your current role.
• Variety: you can gain experience in different sectors and organisations and develop new skills and contacts.
• Opportunity: you can access jobs that might not be advertised elsewhere and prove yourself to potential employers who might offer you a permanent position.

Some of the challenges are:

• Insecurity: you might not have a steady income or job security, as your assignments can be terminated by the hirer at short notice or affected by market fluctuations.
• Exclusion: you might feel isolated or less valued than direct employees of the hirer, as you might not receive the same training, development or social opportunities.
• Complexity: you might have to deal with multiple contracts, agencies and hirers and keep track of your rights and obligations under different legal frameworks.

How to protect your rights as an agency worker

If you are working as an agency worker or considering doing so, it is essential that you:

• read your contract with the agency carefully and understand your terms and conditions
• check your payslips regularly and make sure you are paid correctly
• keep records of your assignments, hours worked, pay rates and expenses
• ask your agency or hirer for clarification if you are unsure about your rights or responsibilities
• raise any issues or concerns with your agency or hirer as soon as possible
• contact ACAS (Advisory, Conciliation and Arbitration Service) for free and impartial advice if you have a problem or dispute with your agency or hirer
• seek legal advice if you think the hirer or agency has breached your rights or want to issue an employment tribunal claim.

Conclusion

In my experience, agency workers often get a raw deal. This might often be down to ignorance on the part of hirers who see agency workers as a flexible resource without understand their rights.

Whether you are an agency worker wanting to understand and enforce your legal rights, or a business looking to take on agency workers, contact me for legal advice to ensure you are getting the best deal as a worker and are complying with all applicable laws as a hirer.