You are entitled to the following rights as a worker:
Additional rights under Agency Workers Regulations 2010 :
The Agency Workers Regulations 2010, give agency workers the entitlement to the same, or no less favourable, treatment as comparable employees with respect to basic employment rights and working conditions. Some of these rights apply on day one of an assignment, others after a 12-week qualifying period.
'Day one' rights
From the first day of the assignment, you will have access to facilities such as the staff canteen, transport facilities, car parking and child-care facilities, and the right to be notified of any job vacancies.
Rights after 12 weeks
The qualifying period for extended rights under the Regulations is triggered by working in the same role with the same hirer for 12 calendar weeks. After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’. Your rights include:
- ‘equal pay’ - the same pay as a permanent colleague doing the same job
- automatic pension enrolment (see below)
- paid annual leave.
Breaks and pauses in your qualifying period
The 12 weeks that count towards qualifying for equal treatment can be interrupted or paused in certain ways until the agency worker returns to same role. However, your qualifying period will start again at zero:
- if you move to a new assignment with a new hirer
- where there is a break of more than six weeks between jobs with the same hirer
- if you remain with the same hirer but you’re doing a ‘substantively different’ role.
The UK government website provides detailed information on how to calculate the 12 week period, taking into account any breaks and pauses.
What is a substantively different role?
Your agency must write and tell you that the role has substantively changed and the qualifying period is reset to zero. Changing your line manager or location is not enough. There must be a real difference to the role for example a combination of new training, different skills used, different pay rates, location and working hours.
Pay between assignment (PBA) contracts
From 6 April 2020 agency workers have the right to be paid the same as directly recruited comparable staff subject to a 12 week qualifying period. If you believe you are being treated unfairly, please contact us.
Exemptions to the regulations:
The regulations do not apply to certain individuals for example those who find work through a temporary work agency but are in business on their own account (for example, if they have a business to business relationship with the hirer, who is a client or customer) or work for in-house temporary staffing banks where a company employs its temporary workers directly (and they only work for that same business or service). If you are unsure of your position, then please contact us for advice.