What are an agency worker rights? What is an agency worker’s notice period? You could be an agency worker, in which case you are entitled to certain rights. This is likely the case if you are employed in an agency, or use one. Your Benefits will tell you everything you need to know.
What does being an agency worker mean?
You could be an agency worker, and have certain rights. Then, you have a contract with an agency. However, you do work temporarily, and for a hirer. Indeed, you might work for a temp agency, a similar recruitment agency, or more.
You may be looking for employment in the modelling and entertainment agencies. In this case, you are still counted as an agency worker. However, you may be searching fixed-term or permanent employment. Then, you may not be an agency worker. Indeed, ask the company in charge with hiring you.
Employees and workers have similar protection against unfair dismissal. This is regardless of your employment contract. You are eligible for paid holiday, and also counts for temporary agency worker.
You may pay between assignments, depending on the terms and conditions of your work. You could also get sick pay, if you are in a trade union, working through an agency, or have agency workers regulations 2010.
Agency worker rights: what can I be paid?
As an agency worker, your rights are to be paid at least the National Minimum Wage. Indeed, this is for the entirety of the hours that you worked. This is including hours not necessarily marked on a timesheet.
Note that this is the case prior to the 12-week qualifying period. Then, once you have worked for 12 weeks, you are entitled to the same pay as your employee co-workers who are doing the same work as you.
The agency may withhold payments. Indeed, this could be because they need to be provided proof that you worked certain hours. However, they may also only withhold payments for a ‘certain reasonable period of time’.
Note that pay cannot be withheld from you because your employer is not happy with the work that you did. Indeed, regardless of that, your agency worker rights stipulate that you must be paid for hours done. If your agency is not paying you, you may be able to take this to the employment tribunal.
What is an agency worker’s notice period?
Agency workers can cancel services provided by agencies with no downsides. Indeed, for this, they must provide appropriate notice. Depending on the situation, it is at least as follows:
- For living accommodations: a written notice for at least 10 working days;
- For anything else: a written notice for at least 5 working days.
What are an agency worker’s rights?
From the moment that an agency worker begins work, they are entitled to the employment rights of a worker. Indeed, you may also use shared facilities and services that are given by your employer. You are as entitled to them as your permanent co-workers. Indeed, they include the following:
- Transportation services and parking (this includes transportation between sites and a local transportation service);
- A creche or mother and baby room;
- Both machines that provide drinks or food, as well as a workplace cafeteria.
Furthermore, you may not be discriminated against. Indeed, the following are protected characteristics, for which you cannot be refused work or treated badly:
| Protected characteristics in the UK in 2022 | |
|---|---|
| Characteristic | Is it a protected characteristic? (and thus illegal to discriminate against it) |
| Sexual orientation | Yes |
| Personal belief or religion | Yes |
| Sex | Yes |
| Race (which includes national, ethnic origin, nationality or colour) | Yes |
| Being pregnant, or on a benefit like maternity leave | Yes |
| Having a disability | Yes |
| Being in a civil partnership or marriage | Yes |
| Having undergone gender reassignment | Yes |
| Age | Yes |
| Education | No |
Agency worker: what are my rights after 12 weeks?
Agency workers are entitled to the same rights as employees after 12 weeks. Indeed, this is also known as ‘equal treatment’. Indeed, then, your rights are (and not limited to) the following:
- Paid annual leave;
- Pension enrollment (done automatically);
- ‘Equal pay’, which is exactly the same as your permanent co-workers.
Note that breaks and sick leave do not contribute towards your 12-week qualifying period. Indeed, if one of the following happens, you should not count days:
- You are on jury service for a period of 28 weeks or less;
- Your workplace is closed (like during industrial action or a holiday);
- You make use of your annual leave entitlement;
- A sickness or injury put you on leave for a period of 28 weeks or less;
- You take a break lasting for up to 6 weeks.
You may have opted out of the ‘equal treatment’. If this is the case, your agency should still tell you after 12 weeks that you could get the same pay as a permanent employee doing the same work that you are.
12-week qualifying period: what about having a baby, child or starting a new job?
You may take paternity leave or adoption leave. These are the rights of an agency worker. Then, your 12-week qualifying period will continue. This is also the case both if you are pregnant and take leave, or take leave for a maximum of 26 weeks following the birth.
If you are starting a new job, your 12-week qualifying period will likely have to start again. Indeed, this is the case if one of the following is true, you:
- Adopt a new role at the same workplace (the new role needs to be ‘substantively different’);
- In-between jobs, and at the same workplace, you have a break that lasts for more than 6 weeks;
- You go to another workplace to start a new job.
Agency worker rights: do I need to pay a recruitment agency?
There are many things that you need to pay a recruitment agency for. Indeed, they can require payment for services. Indeed, this includes transportation, certain training or helping you write your CV. However, you have the right to cancel any of these by giving long enough notice.
Agency workers are entitled to certain rights when an agency offers certain services. However, the rules are different for agencies in the modeling and entertainment industry. For the others, when they provide services, the following must be true:
- They do not use providing these services as a necessary pre-requirement in order to find you employment;
- They must provide you with all the information necessary about the payments (this includes the fact that you can cancel, and how long in advance you need to do so).
Agency worker rights: what does an agency need to provide?
There are some things that an agency needs to provide to an agency worker. Indeed, first, this is any details about the work that they are helping you find. Then, prior to them searching for a job on your behalf, they need to provide the following:
- A contract (which puts in written form the terms of engagement);
- A ‘key information document’.
A key information document has a specific purpose. Indeed, it lets you know what you will be able to be paid, as well as how the charges will be paid. Indeed, there is a bunch of information that such a document needs to have.
A key information document also need to show you approximately how much your pay would be after deducting things such as Income Tax, private healthcare or National Insurance. Furthermore, it needs to show any payments that you would need to make.
What are the terms of engagement?
The terms of engagement are usually written. On top of this, they include a bunch of information. Indeed, this includes your holiday entitlement, what you will be paid, your different notice periods, as well as whether you will be under a contract of services or employment.
An agency may be tempted to give your information to a third party. Indeed, this includes either your current or future employers. However, they cannot do this without your permission.
Once you have agreed to the terms of engagement, they cannot be changed without you being notified first. Then, you must agree to the changes. Once they are done, you need to be provided a documents with all of the changes made, as well as when they were made.
What are an agency worker’s maternity rights?
As an agency worker, you are not able to receive Statutory Maternity Leave. However, you could receive Statutory Maternity Pay. Furthermore, after the 12-week qualifying period, you have the pregnancy rights of an employee working the same job as you.
You cannot be discriminated against because you are breastfeeding, have given birth in within 6 months, or are pregnant. You are discriminated against if one of the following happens, your:
- Hirer refuses to give you your job back after you have taken maternity leave;
- Hirer does not want to hire you on that basis;
- Agency only gives long job to your fellow agency workers, and gives you only short jobs;
- Agency does not keep you on its books or give you a job;
- Job was terminated, the reason being your pregnancy.
If you are pregnant and there is risk to your health, reasonable adjustments need to be taken by your hirer. Then, if that isn’t possible, alternate work needs to be provided by your agency. Otherwise, the job needs to pay you the same for the complete length of your previous contract.
After the 12-week qualifying period, you can also receive paid time off for ‘antenatal care’. This is if you are not able to do it not during work hours. This includes any classes or appointments recommended by a midwife or doctor. Additionally, your travel time counts towards paid time off.
If you believe you have been discriminated against, you can notify Acas.
Agency worker rights: what about entertainment and modelling agencies?
Entertainment agencies can charge you to put your information in a publication or online. Indeed, they can also do this if you find work. Indeed, this can be a commission, or a percentage of the money that you make.
Before publishing anything, the agency needs to let you know. After the 30-day period, you have 7 days to chose if you want the information to be published. Then, you have 7 days to pay the agency. If they published your information but not your name, you have 60 days to receive a refund.
Modelling agencies can ask you to pay a charge in order for them to find you work. Indeed, they can also take a percentage of your earnings for a job that they find for you.
They may also charge you to publish your details online or in a publication. Unlike entertainment agencies, they cannot charge you upfront. However, they can take a commission once you get work. Additionally, this needs to be put in writing.
What happens once I am offered a job?
Once you are offered a job, you will need to be provided a written document by your agency. Indeed, it will need to show a bunch of information. This includes where the job is, and how many hours you will need to work.
It also need to include the type of work that it is, as well as when the job would start. Furthermore, it must indicate how long the contract is expected to last for, and any payments and expenses that are expected.
Lastly, this need to include the qualifications, training or experience that you are expected to have in order to be able to do your job. Additionally, it need to include any risks that the job can pose to your safety and health.
