Agency staff are identified as being “workers” instead of employees. All workers and this includes agency workers are entitled to certain rights which include the following:
- Annual leave (paid)
- A rest break and a limit on working time
- National Minimum Wage
- No deductions that are carried out unlawfully
- Discrimination rights in accordance with the Equality Act 2010
- Health and safety in the workplace
The Agency workers regulations give agency workers the same treatment as comparable employees in regards to working conditions and basic employment rights once they have been in continuous employment of 12 weeks.
The regulations covers those that have been hired on a temporary basis, it also covers those agency workers that have been supplied via intermediaries, in order to establish rights set out in the regulations the workers much be able to identify a comparator.
The regulations don’t cover the genuinely self-employed, individuals working through their own limited liability company, or individuals working on managed service contracts.