As an agency worker, you are supplied by an employment business (often known as a recruitment agency) to undertake assignments under the supervision, direction and control of the client.
All agency workers, subject to meeting the qualifying criteria are entitled to:
For further information – please visit the ACAS website: https://archive.acas.org.uk/article/6493/Rights-while-working-as-an-agency-worker
In addition to the above, agency workers have other rights under the Agency Worker Regulations (2010)
From Day 1 of an assignment you are entitled to receive from the client:
After 12 weeks on an assignment you are entitled to:
1. A Key Information Document when you register with an employment business.
From 6th April 2020 you will be entitled to a ‘Key Information Document’ (KID) before you enter into an agreement with an employment business. The KID must contain information including:
A KID must be provided even if you are working through an umbrella company, intermediary or your own company .
Whilst the regulations do not apply to agency workers on existing terms with a recruitment agency, it is good practice that employment businesses provide all their workers with a ‘KID’.
2. Your contract
Key information should be set out in your agreement with an employment business including:
3. Assignment details
When offered an assignment you should receive information including:
Changes to your terms and conditions can only be made if you agree. You must then be given a new document with full details of the changes and the dates they changed.
PBA or ‘Swedish Derogation’ contracts are contracts of employment. Provisions previously meant that you could be paid between assignments, instead of receiving equal pay after 12 weeks of working for the same client in the same role. But from 6 April 2020, it will be unlawful if you don’t receive equal pay after the 12 weeks qualifying period if you are on a PBA contract. If you were on a PBA contract, you must receive written confirmation from your employment business confirming your right to equal pay by 30th April 2020.
If you don't receive a written statement from your employment business confirming your right to equal pay by 30th April 2020 you can bring a claim to an employment tribunal and claim compensation.
If you don’t receive equal pay after 12 weeks you can bring a claim to an employment tribunal and claim compensation. In addition, you should not be unfairly dismissed or subject to a detriment when you exercise your right to receive equal pay.
From April 6th 2020, all workers will be entitled to a written statement of particulars no later than the start of your employment. This comes into force following changes to the Employment Rights Act. The statement will set out the key terms and conditions that apply between you and the employment business or employer.
How holiday pay is calculated
From April 2020 changes to the Working Time Regulation 1998 mean the reference period used to calculate your holiday pay will be extended from 12 to 52 weeks. This is done to capture seasonal differences in pay for some agency workers. If you have worked for fewer than 52 weeks, the pay reference period will be the number of whole weeks you have worked.
Choose an employment business with trade association membership. For instance, all Recruitment & Employment Confederation members must follow the REC’s Code of Professional Practice and pass a compliance test every two years to remain in membership. All REC members are listed in a Member Directory and you can search this by sector, location and placement type.
This information was produced by the Recruitment & Employment Confederation (REC) the professional body for UK recruitment agencies and businesses and the TUC who exist to make the working world a better place for everyone, representing more than 5.5 million working people who make up our 48 member unions.
The information contained in this document is provided as general background information and should not be taken as legal advice.
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