An agency worker, by definition, is one who has a contract with an agency, but he/she works temporarily for an employer. An agency worker is also called a temp. When you work, the employer can tell you how you should do your work.
Here are things that apply to you if you are an agency worker.
- A contract is signed between you and an agency
- The agency can temporarily supply you to an employer
- The employer controls your work
- You’re not self-employed
Who is not an agency worker?
There are certain things that stop you from being an agency worker.
These things are when:
- You get a job through a temporary work agency. But, you’re actually self-employed
- You sign a Managed Service Contract and work on it. In the contracts, the agency provides a specific service to a client, like cleaning, catering, and someone from the agency tells you what to do on a day-to-day basis.
- You work for an in-house recruitment bank temporarily. In this case, an organization employs its temporary workers directly, and workers only work for that same business or service.
- You find direct work with an employer yourself or with the help of a recruitment agency
This means that your employer has loaned you to another employer directly rather than going through an agency.
Pay between assignments contracts
In these contracts, you’re an employee of the agency. Your rights are not the same as other agency workers. This means that you may have to sign a pay between assignments contract with your agency.
If you are on pay between assignments contract, and you end one job and have to wait before starting a new job, then the agency will pay you. This also means that you are not entitled to the same pay as other employees where you’re sent to work, irrespective of the fact that you have worked for more than 12 weeks at the same designation and the same job for the same employer.
It’s advisable to seek advice from a professional employment lawyer when it comes to signing a pay between assignments contract.
Employment rights for all agency workers
There are employment rights for all agency workers as well as those on pay between assignment contracts.
As an agency worker, you have the following employment rights:
- The minimum wage are paid
- No unlawful deductions will be made from the wages
- No discrimination because of disability, age, gender, marriage and civil partnership, maternity, religion, race, sex, or sexual orientation.
- No limit on the hours of the working week (there may be some exceptions)
- Availability of paid holidays
- Agency workers can be accompanied at a grievance or disciplinary hearing
- They have unpaid parental leave. However, they need to meet the necessary conditions
- They can ask for flexible working hours when they return from parental leave (they need to meet essential conditions
- Statutory maternity pay, statutory sick pay, statutory adoption pay and statutory paternity pay are offered if they meet the qualifying conditions
- Right to ask to work in a safe workplace and take certain claims to an employment tribunal
In addition to all, your employment rights prevent employers from dismissing you for whistleblowing. Whistleblowing is when some unlawful activity comes into alight because of you. These activities may include reporting unsafe working conditions, being asked to work too many hours, not being paid the minimum wage or reporting criminal activity
What rights do agency workers not haveFollowing are the rights you don’t have as an agency worker:
- claim statutory redundancy pay
- claim unfair dismissal in case you are fired without prior notice or good cause
- a written statement of the employment terms and conditions
- claim maternity, adoption, paternity, and parental leave
To sum up, if you’re not sure whether you are an agency worker or if you think you may not be getting the right you are entitled to, you can get help from an experienced employment lawyer. For complete details about agency workers, get in touch with an experienced employment lawyer.
Our Employment Law Specialists can assist with all types of claims and where possible on a no win, no fee basis. Naturally, we pride ourselves on providing the best possible service to the highest standards, we offer employment law advice on all problems. Call us on 0800 756 6605 or 020 3923 4777
Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.