Agency worker rights UK explained
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Quick answer: Agency workers gain equal treatment on pay and working conditions after 12 weeks in the same role — day-one rights include site facilities and job vacancy access.
Agency worker regulations implement EU-derived rules retained in UK law, giving temporary workers important protections after 12 weeks in the same role. Umbrella company pay works differently from agency PAYE. This guide explains the 12-week rule and equal treatment rights.
Last reviewed:
Read the full work & self-employment guide →Primary source: www.gov.uk/agency-workers-rights
Equal treatment
After 12 weeks, compare your basic pay, overtime rates, paid rest breaks and annual leave accrual with permanent colleagues doing the same job at the same hirer. You should receive equivalent treatment on these core terms.
Bonuses directly linked to your individual performance may differ from permanent staff. Collective or company-wide bonuses that permanent employees receive usually must be included for agency workers too.
Umbrella companies
If you are contracted via an umbrella company, equal treatment still applies to conditions set by the hirer, but your pay structure includes employer National Insurance passed through to you. Your payslip looks different from direct agency PAYE.
Check the Key Information Document showing your expected net pay before signing an umbrella contract. The headline day rate often looks higher than what you actually take home.
Enforcement
Raise concerns with both the agency and the hirer if you believe equal treatment has been denied. The Employment Agency Standards Inspectorate handles some agency-side breaches of the regulations.
You can bring an employment tribunal claim for unlawful deductions or detriment if you suffer because you asserted your agency worker rights. ACAS early conciliation is required before most tribunal claims.
Common questions
Do agency workers get sick pay?
Statutory sick pay applies if you meet the eligibility earnings and employment status criteria. The agency is your employer for SSP purposes, not the company where you work day to day.
Can I refuse assignments?
Whether you can refuse assignments depends on your contract. Exclusive contracts may require you to accept reasonable assignments, but you should not suffer detriment for refusing work outside agreed terms.
Does pension auto-enrolment apply?
The agency must auto-enrol qualifying workers into a workplace pension. Check that postponement notices are not being misused to delay your enrolment beyond the legal limits.