Agency Worker Rights
Agency workers are entitled to the following:
- Written Terms of Engagement (this should be explained by the consultant) to include type of work they will try and find you, minimum rate of pay, length of notice, holidays etc
- Written details of the job when you are offered the position, including who you will work for, the type of work, the first day of work, times, duration, rate of pay, and any special requirements
- Pay for any work that you have undertaken even if your agency hasn't been paid by the company. An agency cannot withhold payment of wages to you because of your failure to produce a signed timesheet (although the agency does have the right to satisfy itself that you have actually worked). You should receive a payslip detailing rate of pay and deductions ie NI, Tax
- End an assignment without penalty
- Register with other agencies
- Paid holiday, rest breaks and limits on working time
- Receive at least the minimum wage (this does not include holiday pay)
- Not to be discriminated against on grounds of age, gender, religion, race, sexual orientation or disability
- Protection under health and safety laws
- An agency can not disclose information about you to anyone without your consent except if the purpose is for finding you work, legal proceedings to the employment agency standards inspectorate.
- Before introducing you to a company the agency must confirm your identity and right to work in the UK by providing a passport or birth certificate.
A temporary worker is entitled to receive all their holiday pay which has been accrued at the end of an assignment even if they have not taken the time off and should receive a P45 when requested.
From 1 October 2011 agency workers are entitled to certain new employment rights and information about these rights. You get some of these rights from day one and others after 12 weeks. Find out what information you are entitled to and what to do if you do not get it.