Agency Workers: Do you know your rights?

In the United Kingdom, there are three employment statuses that you will be categorised in, in order to receive employment rights. These are worker, employee and self-employed.

An agency worker is engaged by an agency on behalf of another company and is then placed to work under the supervision and guidance of that business. However, despite this, the term agency worker is not classed as an employment status and is either categorised as a worker or employee.

Research from our governing body the REC has identified that 24% of the British population has worked as a temporary agency worker at some point in their lives. So the question that has got us thinking is as an agency worker did you or do know your rights?

As a job seeker, if you decide to sign up with an agency, you should initially be informed of:

• The type of contract
• Pledge of payment
• The type of work you will be doing
• The length of the notice period

If an assignment is then offered, you should then be told:

• The start date
• Length of the assignment
• Location of the assignment
• Hours you are expected to work
• Any health and safety risks

Following a successful placement, as an agency worker, you will then be entitled, dependent on your employee status to the following:

• Protection from unlawful deductions from wages
• Statutory sick pay
• Statutory Maternity Pay and Paternity Pay,
• Shared Parental Pay and Adoption Pay
• Statutory holiday entitlement – 5.6 week paid holiday a year
• Minimum rest breaks
• Maximum working time – 48 average hours a week, or you can opt of this if you choose
• To be automatically enrolled onto a pension if you meet the required criteria
• Protection from unlawful discrimination under the Equality Act 2010
• Protection from whistleblowing
• Health and safety protection s
• Right not to be charged direct or indirect fees for finding a job
• Protection from being restricted from working elsewhere

If then after twelve weeks you are still on the same assignment you are then entitled to further rights from the business that you are currently working with, these are:

• Equal pay as a permanent employee doing the same job
• Equal treatment with permanent employees in regards to rest breaks, holidays and working time
• Paid time off for ante-natal appointments.

Employment law can be a bit of a minefield if it’s something that you’re not used to working with.

Here at Westray Recruitment Consultants we place temporary workers into roles on a daily basis and across various market sectors. If you are considering becoming a temporary worker, or if indeed you are a business looking to source flexible workers and would like to have a discussion on what it entails, please give us a call on 0191 4926622 or visit our website at westrayrecruitment.co.uk

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