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Agency worker employment rights

As an agency worker you are usually considered to be a ‘worker’ rather than an employee. You receive the same employment rights as a worker as well as some additional rights to help protect you.

Worker’s employment rights

All workers, including agency workers, are entitled to the following rights:

Workers are generally not entitled to redundancy pay or to claim unfair dismissal, which are rights available to employees. If you are in this situation, get advice on what your rights are.

Additional rights for agency workers

Agency workers are now entitled to certain additional employment rights. When on an assignment you are entitled to some of these rights from day one and some after 12 weeks in the same job.

Contracts for services and contracts of employment

As an agency worker, it is likely that you have a contract for services with your agency. This means that you are not employed by the agency, you just have an agreement that they will look to find you temporary work. There is no obligation on the agency to find you work or for you to accept any work that they find you.

Employment contracts are not generally issued by agencies to their workers. If you do have a contract of employment with your agency, it is likely to be a 'zero hours' contract. This does not guarantee you any particular level of work.

If you are unsure if you are a worker or an employee, then you should seek independent advice.

Maternity, paternity and adoption pay

If you are an agency worker, you may have the right to maternity or paternity pay, but not maternity or paternity leave.

Statutory Sick Pay

You can get Statutory Sick Pay in the same way as can other workers. HM Revenue and Customs (HMRC) can help decide what you are entitled to.

Paying your tax and National Insurance

There are special rules for agency workers on paying your tax and National Insurance contributions.

Are you entitled to the same benefits as permanent staff?

You should check your contract, or talk to your agency, to see what benefits you are entitled to. There is probably nothing you can do about getting fewer benefits than permanent staff unless you can show you are being unlawfully discriminated against.

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

It is up to your agency to decide who they put forward for work. Agencies tend to have more people on their books than they usually need so they can cover peaks in demand.

If your agency isn't giving you work, raise the matter with them. If the reason is a bad reference from a previous employer, your agency should explain this and let you have your say.

Your agency's reason for not putting you forward for work might be that there is not enough demand for the sort of work you want. If this is the case you might consider broadening the range of work that you are prepared to do. If this fails try joining another agency, there is no limit to the number you can register with.

If your agency isn't providing you with work there is not much you can do, unless you think your agency is unlawfully discriminating against you, or breaching your statutory rights.

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: Employment Agency Inspectorate 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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