Day one and 12 week rights for agency workers

From Day one of their employment, an agency worker will be entitled to:

  • the same access to facilities such as staff canteens, childcare and transport as a comparable employee of the hirer
  • be informed about job vacancies.

After a 12-week qualifying period, an agency worker will be entitled to the same basic conditions of employment as if they had been directly employed by the hirer on day one of the assignment, specifically:

  • pay - including any fee, bonus, commission, or holiday pay relating to the assignment. It does not include redundancy pay, contractual sick pay, and maternity, paternity or adoption pay
  • working time rights - for example, including any annual leave above what is required by law.

Agency Workers (regardless of their employment status) will also be entitled to paid time off to attend ante-natal appointments during their working hours.

If an agency worker is working on more than one assignment the agency worker will have two or more assignments that need to accrue separately. In other words if an agency worker has assignment A and assignment B, they would need to work for 12 weeks on assignment A before their rights apply to assignment A and 12 weeks on assignment B before their rights apply to assignment B.

The regulations require that a new assignment would need to comprise 'substantively different work or duties' for the qualifying period to start again.