Introduction to Agency Workers
Agency workers play a unique role in the UK workforce. Unlike permanent employees, agency workers are hired by a recruitment agency, which then supplies them to other companies—often called “hirers” or “end-users”—to carry out temporary assignments. While you may work day-to-day under the direction of the company where you are placed, your contract is usually with the agency itself.
This arrangement sets agency work apart from other types of employment, such as permanent, fixed-term, or zero-hours contracts. For example, permanent employees have a direct employment contract with their employer, whereas agency workers’ employment relationship is split between the agency and the company where they work.
The legal framework for agency workers in the UK is designed to offer specific protections. The Agency Workers Regulations 2010 are the key laws that set out your rights. Under these regulations, after 12 weeks in the same role with the same hirer, agency workers are entitled to the same basic pay and working conditions as if they had been recruited directly. This includes pay rates, working hours, annual leave, and rest breaks. From day one of an assignment, you are also entitled to access shared facilities (like staff canteens or childcare) and information about job vacancies at the company where you are placed.
Understanding your rights as an agency worker is crucial. Many people choose agency work for its flexibility, but it’s important to know what you can expect regarding pay, holiday entitlement, notice periods, and protections against unfair treatment. Knowing the difference between agency work and other employment types can help you make informed decisions about your career and ensure you are treated fairly.
If you’re unsure whether agency work is right for you, or how it compares to other arrangements, you may find it helpful to explore more about the various types of employment available in the UK. This broader understanding can help you navigate your rights and responsibilities as an agency worker.
Legal Status of Agency Workers
When you work through an agency, your legal status is different from that of permanent employees or other types of workers. Understanding this distinction is important for knowing your rights and what you can expect at work.
As an agency worker, you are usually employed by the recruitment agency, not the company where you actually perform your work (often called the “end user” or “client company”). The agency is responsible for paying your wages, handling your contract, and ensuring you receive basic employment rights. The client company provides the workplace, directs your day-to-day activities, and sets your tasks, but does not directly employ you.
Agency workers are different from both permanent employees and contract workers:
Permanent employees work directly for the company and usually have ongoing contracts with full employment rights from the start.
Contract workers are often self-employed or work under a contract for services, meaning they have more control over their work but fewer employment protections.
Agency workers are supplied by an agency to work temporarily for a client company. They have some, but not all, of the rights of permanent employees.
If you’re unsure which category you fall into, it can affect your rights and how you’re treated at work. You can read more about the differences between agency workers and contract workers.
Agency workers are protected by several key laws:
Employment Agencies Act 1973: This law regulates how agencies operate, ensuring they do not charge workers for finding them jobs and that they treat workers fairly.
Agency Workers Regulations 2010: These regulations give agency workers certain rights, especially around pay and working conditions.
Some of the main rights agency workers have include:
Day 1 rights: From your first day in an assignment, you are entitled to use shared facilities and services at the client company (like canteens, childcare, and transport) and to be informed about job vacancies.
Equal treatment after 12 weeks: If you work in the same role at the same company for 12 continuous weeks, you gain the right to the same basic working and employment conditions as if you had been recruited directly. This includes pay, annual leave, and working hours.
Protection from unfair deductions: Your agency cannot make unfair deductions from your pay.
Written terms of employment: Agencies must provide you with written details of your pay, working hours, and notice periods.
Keep a record of your assignments and how long you have worked in each role. This helps you track when you become eligible for equal treatment rights.
Ask your agency for a written statement of terms and conditions before you start any assignment.
Know your entitlements: If you believe you are not receiving the correct pay or rights after 12 weeks, speak to your agency or seek advice from ACAS or Citizens Advice.
Agency workers occupy a unique position in UK employment law, with specific rights and protections under the Employment Agencies Act and Agency Workers Regulations. Understanding your legal status is key to making sure you receive fair treatment at work. If you want to learn more about how agency work compares to other forms of temporary work, see our guide to contract workers.
Rights and Protections for Agency Workers
Agency workers in the UK are entitled to a range of rights and protections designed to ensure fair treatment at work. While there are some differences between the rights of agency workers and those of permanent employees, the law provides important safeguards for agency staff, especially after a certain period in the same role.
One of the key protections for agency workers is the right to equal treatment after 12 continuous weeks in the same role with the same company. This is set out in the Agency Workers Regulations 2010. After this period, agency workers must receive the same basic working and employment conditions as if they had been recruited directly by the company. This includes:
Pay: You should receive at least the same rate of pay as permanent staff doing similar work. This covers basic pay, overtime rates, bonuses linked to your work, and holiday pay.
Working Hours: Your working hours should match those of comparable permanent employees, including any overtime arrangements.
Breaks and Rest Periods: You are entitled to the same rest breaks, daily and weekly rest periods, and limits on night work as permanent staff.
It’s important to note that the 12-week qualifying period does not have to be continuous if your breaks between assignments are less than six weeks. However, longer breaks may reset the clock.
Agency workers are protected by the Equality Act 2010, which means you cannot be discriminated against because of characteristics such as age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation. Both the agency and the company you work for have a duty to ensure you are not treated unfairly or harassed at work.
If you believe you have been discriminated against or treated unfairly, you can raise the issue with your agency or the company. In some cases, you may be able to take your complaint to an employment tribunal.
All workers, including agency workers, have the right to a safe and healthy workplace. The company where you are placed is responsible for your health and safety while you are on their premises. This includes providing proper training, safety equipment, and information about workplace risks. Your agency also has a duty to make sure the company’s working conditions are safe before sending you on assignment.
To learn more about your rights and what steps to take if you have concerns, see our guide on workplace safety.
While agency workers gain important rights after 12 weeks, there are still some differences compared to permanent employees. For example, agency workers are generally not entitled to redundancy pay, notice periods (unless specified in your contract), or access to company pension schemes. However, you do have the right to paid annual leave, rest breaks, and protection from unfair dismissal in certain circumstances.
Keep records: Track your assignments and the dates you start and finish each role. This will help you work out when you reach the 12-week qualifying period.
Ask questions: If you’re unsure about your pay, hours, or conditions, ask your agency or the company for clarification.
Know your rights: Familiarise yourself with the Agency Workers Regulations 2010 and other relevant laws, so you can spot any issues early on.
Understanding your rights as an agency worker puts you in a stronger position to protect yourself at work and seek help if needed. If you have concerns about your treatment or working conditions, don’t hesitate to seek advice or raise the issue with your agency or the company you are placed with.
Pay and Working Conditions
Understanding your pay and working conditions as an agency worker is essential to making sure you are treated fairly and know what to expect from both the agency and the company where you are placed. Here’s what you need to know about how pay is set, what rights you have to equal treatment, and what to look for in your contract.
When you work through an agency, your pay rate is usually agreed between you and the agency before you start an assignment. Agencies often advertise jobs with an hourly or daily rate, which should be clearly stated in your contract or assignment details. The law requires that you receive at least the National Minimum Wage or National Living Wage, depending on your age.
Under the Agency Workers Regulations 2010, you are entitled to the same basic pay and working conditions as a direct employee of the company you are assigned to, but only after you have worked there for 12 continuous weeks in the same role. This is often referred to as ‘equal treatment’ or ‘equal pay’.
Equal pay covers basic salary, overtime rates, shift allowances, bonuses directly linked to your work, and holiday pay. It does not include benefits like occupational sick pay, pension schemes, or redundancy pay.
Example: If a permanent employee doing the same job as you earns £10 per hour plus a shift allowance after 7pm, you should receive the same rate and allowance after 12 weeks in the same role.
As an agency worker, you have the right to the same working time protections as other employees under the Working Time Regulations 1998. This includes:
A maximum average working week of 48 hours (unless you opt out in writing)
At least 11 hours’ rest between working days
A 20-minute rest break if your shift is longer than 6 hours
At least one day off per week
You are also entitled to paid holiday. As a minimum, this is 5.6 weeks’ paid leave per year (pro rata if you work part-time). Agencies usually include your holiday pay in your hourly rate or pay it separately—check your payslip and contract to understand how this is handled.
While you are entitled to equal pay and working conditions after 12 weeks, some benefits remain different for agency workers. Benefits such as company pensions, enhanced sick pay, and parental leave schemes often apply only to permanent staff. However, you should have access to the same facilities as permanent staff from day one, such as staff canteens, childcare, and parking.
Before starting an assignment, carefully review your contract or assignment details. Important things to check include:
The hourly or daily pay rate, and how and when you will be paid
How holiday pay is calculated and paid
Your working hours, expected breaks, and overtime arrangements
The notice period required for ending the assignment
Any deductions that may be made from your pay (such as for uniforms or equipment)
How to report problems or raise concerns
If anything is unclear or missing, ask your agency for clarification before you start work.
To get a fuller picture of your rights and responsibilities, you may want to explore topics such as your rights during pregnancy and maternity leave as an agency worker, how to raise a grievance if you feel you are not being treated fairly, and what to do if your agency is not paying you correctly. Understanding these areas can help you make informed decisions and protect your rights at work.
Comparing Agency Workers with Part-Time Workers
Agency workers and part-time workers both play important roles in the UK workforce, but their rights, protections, and working arrangements can differ in several key ways. Understanding these differences can help you know what to expect in your role and ensure you receive fair treatment.
Both agency workers and part-time workers are protected by UK employment law, but the source and extent of these rights can vary:
Employment Status: Agency workers are usually classed as ‘workers’, not ’employees’, which means they have fewer rights than employees but are still entitled to core protections. Part-time workers are often employees, though some may be workers depending on their contract.
Day One Rights: Agency workers are entitled to certain rights from their first day on assignment, such as the National Minimum Wage, paid holiday, and protection from discrimination. Part-time workers have similar rights from day one, including protection against less favourable treatment compared to full-time employees.
After 12 Weeks: After 12 weeks in the same role with the same hirer, agency workers gain the right to equal treatment in terms of pay and basic working conditions as if they had been recruited directly. This is set out in the Agency Workers Regulations 2010. Part-time workers are protected under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, which require they are treated no less favourably than comparable full-time staff.
Working Hours: Agency workers’ hours are set by the agency and can change depending on the assignment. There is often less certainty about the number of hours available each week. Part-time workers have a contract with a set employer and usually have regular, agreed hours, though these are fewer than full-time staff.
Pay: Agency workers must be paid at least the National Minimum Wage, and after 12 weeks in the same role, their pay should match that of a direct employee doing the same job. Part-time workers are entitled to the same hourly rate as full-time staff in a comparable role, and their pay is pro-rata based on hours worked.
If you work through an agency as a receptionist for different companies, your hours and pay may vary week to week, and you may not have the same workplace benefits as permanent staff until you have completed 12 weeks in the same role.
As a part-time worker directly employed by a company, you should have a regular schedule and receive the same hourly pay rate and benefits (like pension contributions and holiday entitlement) as full-time colleagues, adjusted for your hours.
If you want to understand more about the rights, protections, and typical working arrangements for part-time workers, visit our dedicated page for a detailed comparison. This can help you decide which type of work best suits your needs and what you should expect from your employer or agency.
How to Raise Concerns or Make a Complaint
If you believe your rights as an agency worker are not being respected, it’s important to know the steps you can take to address the issue. Agency workers are protected under the Agency Workers Regulations 2010, which set out your rights to fair pay, working conditions, and equal treatment after 12 weeks in the same role. Here’s what you should do if you have concerns or need to make a complaint.
Start by discussing your concerns directly with your recruitment agency. Many problems can be resolved quickly through informal conversations. Explain clearly what you believe is wrong—whether it’s about pay, holiday entitlement, working hours, or treatment at work. Be specific and provide any evidence or examples you have.
If the issue relates to your day-to-day work or working conditions at the company where you are placed (the “hirer”), you can also raise your concerns with your supervisor or HR contact there. Sometimes, misunderstandings or mistakes can be sorted out swiftly at this stage.
If your concerns are not resolved informally, you can make a formal complaint. Put your complaint in writing to your agency, clearly outlining the issue and the outcome you are seeking. Keep a copy of all correspondence for your records.
If the problem involves the client company (for example, if you believe you are not receiving equal treatment after 12 weeks), you may also wish to write to them. Under the Agency Workers Regulations, you have the right to request information about your pay and working conditions from both the agency and the hirer. They must respond to your request within 28 days.
If you are not satisfied with the response from your agency or the hirer, you can escalate your complaint:
Employment Agency Standards Inspectorate (EAS): This government body enforces the rules that agencies must follow. You can contact the EAS if you believe your agency has acted unlawfully—for example, by not paying you correctly or withholding your payslip.
Acas (Advisory, Conciliation and Arbitration Service): Acas provides free, confidential advice on workplace rights and can help with early conciliation if you are considering making a claim to an employment tribunal.
If your issue is not resolved through the above steps, you may have the right to bring a claim to an employment tribunal. Common claims include:
Not receiving equal pay or working conditions after 12 weeks in the same role
Unlawful deductions from wages
Discrimination or unfair treatment
Time limits are strict: In most cases, you must start your claim within three months less one day from when the problem happened. Before making a tribunal claim, you must notify Acas, who will offer early conciliation to try to resolve the dispute without a hearing.
It is essential to keep detailed records of your work assignments, hours worked, pay received, and any communications with your agency or the hirer. This evidence will be important if you need to make a formal complaint or pursue a tribunal claim.
You don’t have to deal with these issues alone. Several organisations offer free advice and support to agency workers, including Acas, Citizens Advice, and trade unions. They can help you understand your rights, navigate the complaints process, and provide guidance if you decide to take legal action.
Understanding your rights and knowing how to raise concerns is the first step towards ensuring fair treatment at work. If you’re unsure about your situation, don’t hesitate to seek advice—acting promptly can make all the difference.
Further Resources and Support
If you’re an agency worker seeking more in-depth information or support, there are several reliable resources available to help you understand your rights and resolve any issues you may face.
Government Guidance: The UK government provides detailed guidance on agency workers’ rights under the Agency Workers Regulations 2010. This covers your entitlement to equal treatment in pay and working conditions after 12 weeks in the same role, as well as protections against unfair deductions and discrimination. You can find up-to-date information on the [GOV.UK website](https://www.gov.uk/agency-workers-your-rights), including what to do if you think your rights are being breached.
Trade Unions: Joining a trade union can be a valuable way to access advice and support. Unions such as UNISON, Unite, and the GMB offer guidance specifically for agency workers. They can help you understand your contract, negotiate with agencies or hirers, and represent you if you have a workplace dispute.
Advisory Services: The Advisory, Conciliation and Arbitration Service (Acas) provides free and confidential advice on workplace rights, including for agency workers. Acas can help you resolve disputes and explain your options if you feel you’ve been treated unfairly. Their helpline and online resources are a good starting point if you’re unsure where to turn.
Citizens Advice is another trusted organisation offering clear, practical advice on employment rights. They can help you check if your agency is following the law and guide you through the process if you need to make a complaint.
Expanding Your Knowledge: To get a fuller picture of your options, it’s worth exploring other types of employment. Understanding the differences between agency work, permanent employment, zero-hours contracts, and self-employment can help you make informed decisions about your career and rights at work.
Remember, knowing your rights is the first step to protecting them. If you have concerns about your treatment as an agency worker, don’t hesitate to seek advice or support from these trusted sources.
