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 or recruitment agency, and the end client or hirer.
Typically, most agency workers are classified as workers, not full employees. This gives them basic employment rights including national minimum wage, working time rights such as 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.
When might an agency worker be an employee?
While 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, including whether there are 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, the Guidance Notes for Employers: The Agency Workers Regulations 2010 are available to help employers understand the practical effect of the regulations.
What do the Agency Workers Regulations 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 such as a canteen or childcare.
From day one, agency workers are entitled to access job vacancies from the hirer and to access shared facilities.
The BIS Agency Workers Regulations Guidance is also available as a further reference document on the Agency Workers Regulations.
- Guidance Notes for Employers: The Agency Workers Regulations 2010
- BIS Agency Workers Regulations Guidance
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