Agency Worker Templates

What is an Agency Worker? 

The employment status of agency workers in the UK can be complex, as it depends on the relationship between the worker, the employment agency (recruitment agency), and the end client (hirer). Typically most agency workers are classified as "workers", not full employees. This gives then basic employment rights including national minimum wage, working time regulations (e.g. rest breaks and holiday entitlement), protection against discrimination, protection for whistleblowing, paid annual leave and statutory sick pay (if eligible). Employment rights do not include unfair dismissal protection, redundancy pay or statutory notice periods.

Whilst the employment status of most agency workers is "Worker" they might sometimes be classed as an employee of either the agency or the client hirer. Courts will consider mutuality of obligation (are there promises to offer and accept work?), control (who directs the work?), the degree of integration into the business and length of engagement.

As agency worker status can be complex two sets of guidance are available for download.

What does the Agency Worker Regulations (AWR) 2010 provide?

The Agency Worker Regulations give additional protections to Agency Workers: Following 12 weeks in the same role with the same hirer, agency workers are entitled to the same basic working and employment conditions as direct employees such as pay, annual leave and rest breaks, and equal access to collective facilities ( e.g. canteen and childcare). From day one they are entitled to job vacancies from the hirer and access to shared facilities. 

Full details are provided at the links below:

• Guidance Notes for Employers: The Agency Workers Regulations 2010
• BIS Agency Workers Regulations Guidance

Agency Worker Templates is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.