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Agency Workers

In 2010 the Agency Workers Regulation came into force. These regulations were devised to provide temporary agency workers with additional entitlements, such as:

  • Annual Leave
  • Breaks
  • Equal pay comparable work
  • Equal working conditions
  • Right to use onsite facilities
  • Right to information regarding vacancies

It is important that employers ensure that temporary workers, once in the post for at least 12 weeks, are treated equally to their permanent counterparts. Although temporary workers rights have gradually improved they still do not hold the same rights as a permanent employee. For example, they do not have the right to claim for unfair dismissal and they are not entitled to minimum notice or redundancy pay.

The regulations allow those employing agency workers to avoid their strict legal obligations under the regulations if they enter a particular from of agency contract. Whilst providing some additional benefits for the worker, the primary obligation to pay agency workers equal pay to direct employees is removed. Known as a “Swedish derogation” contract- these arrangements can be complex and will require particular legal advice.

If you are a temporary agency worker and are worried about your employment rights then contact EAD Solicitors. Our expert employment department can ensure that your rights are protected. Call us on 0151 735 1000, or use our free and impartial ask a solicitor service- Ask EAD.


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    Phone: 0151 735 1000

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