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Agency workers

While agency workers, who are often known as 'temps', benefit from many employment rights, they will usually have different working rights from ordinary employees. As an agency worker, it's important to know your rights and the rules governing the way agencies should treat you.

What is an agency worker?

Agency workers work through an agency which finds them jobs. The firm who's hiring the worker pays a fee to the agency and the agency pays the worker's wage. There are several advantages to being an agency worker as you can:

  • use it as a stepping stone to the job you want
  • use it as a way of entering or re-entering the job market
  • use it to work more flexibly to help balance domestic responsibilities
  • move jobs easily and with little or no notice
  • try out different kinds of work

As an agency worker, you are covered by the National Minimum Wage, working time legislation and health and safety and social security provisions. However, flexibility for both worker and employer is one of the features of agency work and this means that just as agency workers have the flexibility to take up and leave jobs at short notice, employers also have the flexibility to end temporary work without being liable for unfair dismissal or redundancy pay. It is important that you check your contract as it may include a notice period.

There are important differences between temporary agency workers and those who are hired on fixed-term contracts. If you're an agency worker, your contract is with the agency who must pay you even if the hiring company hasn't paid them. However, if you sign a fixed-term contract with the hiring company, the agency isn't responsible for paying you and you have different rights. Make sure you know what kind of contract you're signing so that you're clear about your employment status.

Your rights as an agency worker

Agency workers are usually considered to be ‘workers’ and not ‘employees’. Workers’ main rights are:

  • paid holiday, rest breaks and limits on working time
  • no unlawful deductions from wages
  • the National Minimum Wage
  • not to be discriminated against under any of the equality legislation

If you’re an agency worker, you have the right to Maternity or Paternity Pay, but not Maternity or Paternity Leave. You can get Statutory Sick Pay if you’ve worked for the same agency for more than three months. HM Revenue and Customs can help decide what you are entitled to.

Agency workers can sometimes be classed as ‘employees’. For example, if they have worked for the same firm for many years and have been treated in the same way as an employee by that firm. If there is a dispute about whether or not you’re an ‘employee’, an Industrial Tribunal will decide on the facts of the case.

If you do the same work, are you entitled to the same benefits?

Agency workers may not get the same perks as permanent employees and may not get the same holiday allowance. You should check your contract to see what you might be entitled to, or talk to your agency. Unless you can show that you're being unlawfully discriminated against there's probably not much you can do if you are getting fewer benefits.

What to do if your agency isn't giving you work

Unfortunately there's not much you can do about that, unless you think your agency is unlawfully discriminating against you or breaching your statutory rights. It's up to agencies to decide who they put forward for work and agencies tend to have more people on their books than they usually need in order to cover peaks in demand.

Raise the matter with your agency and they should explaine the situation. For example, if the reason is a bad reference from an employer, they should explain this and let you have your say. If the reason is that there is not enough demand for the sort of work you want, you might consider broadening the range of work that you are prepared to do. If this fails, try joining another agency - there's no limit to the number you can register with.

The rules governing agencies

Agencies are subject to a number of regulations. For example, they:

  • can't charge you a fee
  • can't make you use fee-paying services as a requirement for finding you work like CV writing
  • can't stop you from taking a permanent job with a company where you temped (there are also limits on the fees they can charge the company which are sometimes called 'temp to perm' fees)
  • have to give you written terms and conditions
  • can't stop you registering with other agencies

Finally, if they're an 'employment business' - a temp agency - they must pay you, even if they haven't been paid by the firm you're working for.

Guidance is available on the nibusinessinfo website on:

In Northern Ireland the Department for Employment and Learning (DELNI) investigates complaints about employment agencies or businesses. Contact DELNI directly on 028 9025 7580 or use the online complaint form.

If the agency has breached the terms of your contract you can take action yourself through the courts. If the agency makes an unlawful deduction from your pay you can complain to an Employment Tribunal.

Where to get help

If you have a problem with an employment agency, you can use the Employment Agency Inspectorate (EAI) online form to make a complaint.

Email: eai@delni.gov.uk

Telephone: EAI Helpline 028 9025 7554 (9.00 am to 5.00 pm, Monday to Friday)

Letter: Please write to:

Employment Agency Inspectorate (EAI)
Department for Employment and Learning
Employment Relations Policy and Legislation Branch
Room 203
Adelaide House
39-49 Adelaide Street
Belfast
BT2 8FD

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues.

If you are a member of a trade union you can get help, advice and support from them.

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