From day 1 to year 2, this guide will lead you through your essential rights as an agency worker and the appropriate paths you could take if things go wrong.
Your Rights After One Day At Work
Some rights as an agency worker begin within your first day of work.
1. Pay at Least the National Living Wage
You are entitled to a minimum hourly wage under the National Minimum Wage as an agency worker. This means that you must be paid, at the very least, the minimum hourly wage as defined by law at the respective time. Furthermore, to ensure you receive the minimum wage, you will need an itemized payslip from your payroll company for each pay period, clearly stating how your payment amount has been allocated. Watch out for exorbitant deductions/ fees.
2. Going to Workplace Facilities
It is your right to use the same workplace facilities as those other permanent employees. This includes access to:
- Cafeterias or kitchens.
- Caring for children whilst parents are at work.
- Company-provided transport or parking facilities.
If you are denied access, contact your agency or employer.
3. Job Opportunity
Your employers should give you the application for any permanent job role within their company. You should have equal access when it comes to applying for jobs.
Your Rights After 12 Weeks of Continuous Work
When you have worked in the same position for 12 continuous weeks, you will receive, in more respect, your preferences. This is where the idea of “equal treatment” is taken up.
1. Equal Pay
With equal work and similar conditions, you will be entitled to equal pay with permanent employees doing the same job. This extends to basic pay, bonuses, and overtime pay.
See that your umbrella agency does take care of it and ensures your hourly rate is appropriate for this entitlement.
2. Equal Working Conditions
The working hours, rest breaks, overtime policy, etc., must match those given to permanent employees.
You’re also entitled to the same benefits as permanent employees, including free meals or vouchers.
3. Holiday Pay
From now on, your paid holiday entitlement must equal that of permanent workers. Most of the time, this will be roughly 5 – 6 weeks’ paid holiday annually (pro-rata for part-time workers).
Check whether your holiday pay is rolled up (included in your hourly pay) or a separate calculation. If rolled up, the payslips must clearly show this.
4. Pension Contributions
That depends on your age and if you are into the prescribed earnings. In most cases, it will be done through your umbrella company.
Your Rights After 12 Months
After your first year in any one role, a few more protections may be extended to you.
1. Job Security
There is reasonable notice from your agency or umbrella company if your assignment ends. Although there is no apparent legal obligation, it is believed that the sensible measure would be to provide some time for the employee to put plans in place.
- Your agency or umbrella company should provide reasonable notice if your assignment ends. While not always a legal requirement, giving workers time to prepare is a good practice.
2. Enhanced Benefits
Some agencies or umbrella companies may offer additional benefits, including more holiday pay or a bonus after 12 months. Either refer to your contract or check with your agency for details.
- Some agencies or umbrella companies may offer extra benefits, like increased holiday pay or bonuses, after 12 months. Check your contract or speak to your agency for details.
3. Protection Against Discrimination
By now, you should be protected under UK equality laws against unfair treatment because of age, gender, race, disability, or other protected characteristics. In case of discrimination, make note of all the occurrences and consult organizations such as Citizens Advice.
Your Rights After 2 Years
1. Protection Against Unfair Dismissal
You are now protected from unfair dismissal. If your assignment ends and you are forced back into the market without any valid reason, you can legally dispute this.
2. Redundancy Pay
You may qualify for redundancy pay if you are made redundant through no fault. This is based on your continuous service and age. Consult your umbrella company to see if you are eligible.
3. Strengthened Negotiation Power
After two years of continuous service, you will be in a position to negotiate better pay or terms. Now is a good time to ask your agency to review your contract and obtain payment that is more appropriate to your worth.
Additional Considerations for Agency Workers
While your rights progress over time, there are some general entitlements and challenges you should always be aware of:
Pay Transparency
- Always review your payslip for clarity. It should include:
- Your total earnings.
- Any deductions, such as National Insurance or umbrella company fees.
- The final amount paid to you.
- If something seems unclear or incorrect, ask your agency for clarification.
Statutory Benefits
- As an agency worker, you’re entitled to certain statutory benefits, including:
- Statutory Sick Pay (SSP): If you’re off work due to illness, meet the eligibility criteria.
- Maternity/Paternity/Adoption Pay: Depending on your situation and continuous service.
- Your umbrella company should administer these benefits if you qualify.
Discrimination Protections
- Under UK law, you’re protected from discrimination in the workplace. This includes unfair treatment based on:
- Age
- Gender
- Race
- Disability
- Religion or belief
- If you experience discrimination, document the incidents and seek advice from ACAS or Citizens Advice.
Quick Summary
| Time Period | Rights |
|---|---|
| After 1 Day | Minimum Wage, access to facilities, job vacancy information. |
| After 12 Weeks | Equal pay, working conditions, holiday pay, and potential pension contributions. |
| After 12 Months | Job security, enhanced benefits, protection from discrimination. |
| After 2 Years | Protection against unfair dismissal, redundancy pay, stronger negotiation position. |
What to Do If Your Rights Are Violated
If you believe your rights as an agency worker are not being respected, here’s what you can do:
1. Raise the Issue with Your Agency or Umbrella Company
Begin by sharing your concerns with your agency or umbrella company. Sometimes, misunderstandings can be quickly resolved. You may have to take recourse to the courts for serious violations, such as unfair dismissal or discrimination.
2. Seek Help from Trusted Organizations
If the issue isn’t resolved, contact organizations like:
- Citizens Advice for free guidance.
- ACAS (Advisory, Conciliation and Arbitration Service) for workplace dispute resolution.
- Unions (if you’re a member) for additional support.
3. Consider Legal Action
You may need to take legal action for serious violations, such as unfair dismissal or discrimination. An employment tribunal can help address these issues and ensure justice.
Conclusion
Understanding your rights as an agency worker in the UK is crucial for protecting yourself and ensuring fair treatment. Whether your first day, 12 weeks, 12 months, or even 2 years have passed, being apprised of your rights shall always empower you to speak up for yourself and make an informed selection.
