Rights for agency workers
As an agency worker, you have certain rights at work. The rights you have are determined by your employment status; visit our page on How to work out your employment status for more information.
What is an agency worker?
The relationship between agency, hirer and agency worker.
As an agency worker, you have a contract with an agency. You are sent by the agency to work for a separate organisation (the hirer) for a temporary period (the assignment). The hirer will direct and supervise you whilst on assignment, but you will not have a contract with the hirer.
An agency cannot charge you a fee for finding or trying to find you a job (other than in some limited circumstances, such as modelling or talent agencies). Agencies may charge for services such as CV writing or training, but they cannot force you to use these services.
Employee or worker?
You may be classed as either an employee or worker during your assignment with the hirer. This is known as your ‘employment status’. Just because you are an agency worker doesn’t mean you will definitely have the employment status ‘worker’ – you may be classed as an ‘employee’. To find out more about employment status and what this means, visit our page on how to work out your employment status.
Agency worker rights
You are entitled to a written contract with your agency stating the terms of your arrangement.
When the agency offers an assignment, they must provide a written statement containing:
- Length of assignment
- Any expenses
- Location
- Hours
- Health and safety risks
- Experience and training or qualifications required for the role
Further information on what must be in your contract with an agency can be found on the ACAS website.
As an agency worker, you have certain rights from day one of an assignment, including the right to national minimum (or living) wage, protection from discrimination and the right to a minimum holiday entitlement.
You also have the right to use any shared facilities and services provided by the hirer to permanent staff in the same role, such as canteen or childcare facilities.
After 12 weeks in a role, you qualify for equal treatment to direct employees or workers of the hirer. This includes:
- Equal pay with direct employees or workers
- Equal working conditions with direct employees or workers
- Automatic pension enrolment
Further information on your rights as an agency worker can be found on the government's website.
Asserting your rights
If you have any problems with the agency or hirer, you should raise these initially with your agency. They should have procedures to deal with concerns or complaints, such as a grievance procedure, and should speak with or meet with you to consider your issue.
If any of your rights have been refused or you are not satisfied your complaints have been properly dealt with, see our page on how to deal with a problem at work, or our sources of further help below.
Holiday entitlement
As an agency worker, you have a right to paid holiday.
The amount of paid holiday depends on the amount of time you have worked and is proportional to 5.6 weeks’ paid holiday a year for a full-time worker. You can use a tool on the government website to calculate your holiday entitlement.
Further information on holiday entitlement can be found on the ACAS website.
Pay and benefits
Your agency is responsible for paying you. They should tell you how much you will be paid before you agree to an assignment. You should be paid by the agency, regardless of whether the hiring company has paid the agency.
Your agency should not withhold pay from you. If you cannot give evidence of how much you have worked, it is the agency’s responsibility to contact the hirer and find this out in order to pay you.
After 12 weeks on an assignment, you are entitled to be paid the same as a permanent employee or worker doing the same job.
As an agency worker, you have the same rights as other employees to:
- Be paid at least the National Minimum (or Living) Wage
- Be paid on time and by the agreed method
- Receive payslips
- Not have any illegal deductions taken from your pay
- Be paid the same as a permanent employee or worker doing the same job after 12 weeks on an assignment
Subject to age and earnings criteria, an agency should automatically enrol you onto a pension scheme within 12 weeks of the start of your assignment. If you think you should be enrolled in a pension scheme and you are not, ask your agency if they can enrol you.
Sick pay and leave
You should not have to work if you are too unwell to do so, or if you are required to self-isolate due to COVID-19. Most agencies will have procedures for how to report illness or COVID isolation. After three sick or isolation days, you may be eligible to receive statutory sick pay (SSP).
If you are entitled to SSP, you are eligible to receive £96.35 per week for up to 28 weeks (based on April 2021 rates).
You will only start to receive SSP after the first three days you are off sick, unless you have already been off for another period of sickness within the last eight weeks, which may then be classed as a ‘linked’ period of sickness. If you are isolating due to COVID-19, if you have isolated for at least four days you could get paid SSP for all of the days you isolated for. This includes payment for the first three days of isolation.
You will be entitled to SSP if your weekly earnings or your average pay over the previous 8 weeks exceed £120 a week (based on April 2021 rates).
If you have been hired to work on an assignment, you may only be entitled to SSP until that assignment ends. If you had agreed to another assignment, you might be entitled to SSP until the end of that future assignment. You may not qualify for SSP if you have no current or future assignments booked with a hiring company.
If you are not working when you get ill, you will not be entitled to SSP.
For more information on SSP eligibility, visit the government website.
Pregnancy and maternity
As an agency worker, you may qualify for Statutory Maternity Pay (SMP) if you meet certain minimum criteria.
Details on maternity and other parental rights for agency workers can be found on the Maternity Action website.
SMP is paid for 39 weeks at two rates:
- First six weeks: 90% of your average pay during the calculation period
- After six weeks: Flat rate of £151.97 per week for 33 weeks or 90% of average earnings if that is less (based on April 2021 rates).
To qualify for SMP you must:
- be an employee of the agency; and
- have been employed by the agency for at least 26 weeks by the 15th week before the week your baby is due (the ‘Qualifying Week’) AND still be employed in that Qualifying Week; and
- earn at least £120 per week on average in the eight weeks or two months up to the last payday before the Qualifying Week.
If you are unable to get SMP, you may be able to claim Maternity Allowance (MA). MA is paid for 39 weeks at £151.97 or 90% of your average earnings if that is less (based on April 2021 rates).
You are only entitled to paid time off for antenatal care if you have completed 12 weeks of continuous employment with the same hirer. Your hirer must allow you to take reasonable time off during normal working hours to attend antenatal appointments, including travelling and waiting time. You should be paid your normal hourly rate.
Discrimination
You have the right to not be discriminated against by your agency or hirer because of a protected characteristic.
What are protected characteristics?
Discrimination is unfair treatment based on any of the following protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (including colour, nationality, ethnic and national origin)
- Religion or belief
- Sex
- Sexual orientation
Such treatment is unlawful under the Equality Act 2010.
Citizen’s Advice has a useful tool to help you identify if a workplace problem is discrimination.
When can an agency or hirer ask about protected characteristics?
The only time you can be asked about protected characteristics during the hiring process is when the hirer or agency is:
- Asking if you require reasonable adjustments for a disability
- Asking you to voluntarily fill out a confidential form about protected characteristics
- Trying to increase the chance of hiring someone from an underrepresented group within the business through a positive action initiative
For more information visit the Citizens Advice website.
Whistleblowing
An agency worker may need to report something bad or unlawful that is happening at work for the benefit of other colleagues or the public. This is known as whistleblowing.
You are protected from dismissal or victimisation for whistleblowing if the claim was made to your hirer or a responsible third party, such as your agency or an industry regulatory body.
Your rights will depend on your employment status. Read our page how to work out your employment status for more information on this. As a worker or an employee, if you have been treated unfairly for whistleblowing, you can bring a detriment claim to an Employment Tribunal.
As an employee, you may also have the right to claim unfair dismissal if your assignment is ended as a result of whistleblowing.
You can find further information on whistleblowing on the government website.
End of assignments
An assignment may come to an end because it was fixed-term, temp to perm, or because it had no end date and you, the agency or the hirer choose to end it.
Fixed-term assignments usually come to an end on the agreed end date. They may also end if you, the agency, or the hirer chooses to end it early. A notice period may be required; check your contract or ask your agency if you’re unsure.
Your agency could put you on an assignment that may become permanent. They should tell you this before your assignment starts.
If your hirer decides they want to keep you permanently and you agree to this, your contract with the agency will end and you will need to enter an employment contract with the hirer. The agency will probably charge your new employer a transfer fee. This should not affect your earnings.
Sometimes the agency or hirer may choose to end your assignment early or the agency may choose to end your contract.
If an agency decides not to find you more work after an assignment ends or ends its contract with you, they can usually do so without giving reasons or notice, unless the contract says otherwise or you are an employee of the agency and have been employed for more than one month.
If your contract has been ended, check your contract and seek advice from one of the services below if you think you need it.
Where can I get advice?
We’ve compiled a list of advice centres in London to help you find out where to get help.
The following services can also provide general advice on employment rights:
- Law Centres (national) – find out if you have a local free legal advice centre
- Citizens Advice – find your nearest Citizens Advice
- ACAS (the Advisory, Conciliation and Arbitration Service)
Visit our Employment Rights Hub for more information. We've created a map of advice centres in London to help you find out where you can visit someone to get help. We've also provided their details in a list. Lots of them also give advice over the telephone or via email.
Need a document on this page in an accessible format?
If you use assistive technology (such as a screen reader) and need a version of a PDF or other document on this page in a more accessible format, please get in touch via our online form and tell us which format you need.
It will also help us if you tell us which assistive technology you use. We’ll consider your request and get back to you in 5 working days.