As a temporary agency worker you’re entitled to:
- paid holiday (bank holidays may be included in your holiday entitlement - check with your agency)
- rest breaks and limits on working time
- no unlawful deductions from wages
- the National Minimum Wage
- freedom from discrimination under equality legislation
- protection under health and safety laws
- details of job vacancies with your hirer
- the same access to shared facilities and services at work as other comparable employees
Shared facilities and services might include:
- access to a canteen or food and drinks machines
- a workplace crèche or mother and baby room
- car parking or transport services (eg local pick up service, inter-site transport)
- a staff common room
- a prayer room
Your hirer can only refuse you access to facilities if they can ‘objectively justify’ denying you access. Cost alone is unlikely to be a sufficient reason.
Maternity, paternity and adoption pay
Statutory Sick Pay
You can get Statutory Sick Pay (SSP) like other workers. HM Revenue & Customs (HMRC) can help decide what you are entitled to.
Temporary agency workers are not entitled to redundancy pay or to claim unfair dismissal, which are rights available to employees.
After 12 weeks in the same job with the same hirer
If you qualify, you’re entitled to the same basic terms and conditions as if you had been recruited directly, including:
- basic pay, including holiday pay, overtime and bonuses linked to your performance
- working time – eg not having to work more than 48 hours a week if comparable workers don’t have to
- annual leave - you may get extra pay to cover this if it’s above your legal entitlement
- night work
- rest breaks and rest periods
- paid time off for antenatal appointments
It doesn’t matter if you are working full time or part time.
Your rights are based on those of a comparable worker - ie someone directly recruited by the hirer to do the same job at the same time.
If there are no comparable workers or employees you’re not entitled to equal treatment.
You’re entitled to find out the hirer’s terms and conditions for someone directly recruited.