The Agency Worker Regulations 2010 came into force on 1 October 2011.
They give agency workers, such as “temps”, the right to be treated the same, or no less favourably, than employees, after a qualifying period of 12 weeks in a particular job.
All workers, including agency workers, are entitled to certain rights, including:
- Paid annual leave
- Rest breaks and limits on working time
- National Minimum Wage
- No unlawful deductions from wages
- Discrimination rights under the Equality Act 2010
- Health and safety at work
What rights do agency workers have?
From Day 1 of their employment:
- the same access to facilities such as staff canteens, childcare and transport as a comparable employee of the hirer
- to be informed about job vacancies
After 12 weeks, which does not have to be continuous:
- the same pay, bonus, commission, or holiday pay as a comparable employee of the hirer
- But not redundancy pay, contractual sick pay, and maternity, paternity or adoption pay
Agency Workers (regardless of their employment status) will also be entitled to paid time off to attend ante-natal appointments during their working hours.
Most breaks between or during an assignment to the same job that are less than 6 weeks in length will simply pause the accrual of the 12-week qualifying period. Most breaks between or during an assignment to the same job that are 6 weeks or more will reset the 12-week qualifying period.
Pregnancy and maternity-related absences, maternity leave, paternity leave and adoption leave will not pause the 12-week accrual.
If you are an agency worker and require further advice, contact us here.