Definition
Individuals supplied by a temporary work agency to work under the supervision and direction of a hiring organisation. Agency workers have specific rights including equal treatment on pay and basic working conditions after 12 weeks in the same role.
UK Context
The Agency Workers Regulations 2010 give agency workers the right to equal treatment on basic working and employment conditions after 12 weeks in the same role with the same hirer. From day one, they are entitled to access shared facilities and to be informed of job vacancies. The Swedish derogation (pay-between-assignments contracts) was abolished in April 2020.
Best Practices
- Track the qualifying period for each agency worker to ensure equal treatment is applied from week 12
- Provide agency workers with access to shared facilities such as canteen, parking, and childcare from day one
- Notify agency workers of permanent vacancies within the organisation from day one
Frequently Asked Questions
What rights do agency workers have from day one?
From the first day of an assignment, agency workers must be given access to collective facilities such as canteen, parking, and childcare. They must also be informed about permanent job vacancies within the hiring organisation.
What happens after 12 weeks?
After 12 continuous calendar weeks in the same role with the same hirer, agency workers are entitled to the same basic working and employment conditions as if they had been recruited directly. This includes pay, duration of working time, night work, rest periods, and annual leave.