4. Agency staff

As an employer, you can hire temporary staff through agencies. This means:

  • you pay the agency, including the employee’s National Insurance contributions (NICs) and Statutory Sick Pay (SSP)
  • it’s the agency’s responsibility to make sure workers get their rights under working time regulations
  • after 12 weeks’ continuous employment in the same role, agency workers get the same terms and conditions as permanent employees, including pay, working time, rest periods, night work, breaks and annual leave
  • you must provide the agency with information about the relevant terms and conditions in your business so that they can ensure the worker gets equal treatment after 12 weeks in the same job
  • you must allow agency workers to use any shared facilities (eg a staff canteen or childcare) and give them information about job vacancies from the first day they work there
  • you are still responsible for their health and safety