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Your Rights, Entitlements And Obligations As An Agency Worker
Arthur Li, Specialist
Employment Solicitor
As an agency worker you are considered to be just that – i.e. a ‘worker’ rather than an employee. You may however be confused by what differentiates you as a worker rather than an employee and you may be wondering what benefits and rights you are entitled to as a worker. This article seeks to address these issues by looking at five important points for you to consider as an agency worker.
1) Workers employment rights
As a worker you are likely to have a ‘Contract for Services’ with the agency to which you are contracted. Just as the agency is not obliged to find you any particular amount of work, you are entitled to refuse to accept any work the agency offers you. You are not employed by the agency nor are you employed by the company that the agency sends you to work for. You are entitled to receive at least the National Minimum Wage and are entitled to paid holiday, rest breaks and protection under health and safety laws.
2) Redundancy
Workers do not receive the same rights with regards to redundancy as their employed colleagues. Unfortunately this means that if you are an agency worker and the work is no longer there for you, you will be dismissed from the position as your services are no longer required and you may not be entitled to any form of ‘redundancy payment’.
3) Maternity and paternity benefits
As a worker rather than an employee you may be entitled to maternity pay (SMP – Statutory Maternity Pay) but not maternity leave. Unfortunately, prospective fathers who are workers rather than employees are not entitled to paternity leave.
4) Benefits
Unfortunately, workers are generally entitled to fewer benefits (i.e. gym membership, lunch voucher schemes and travel concessions) than employees, however, this is often down to the discretion of the agency or company you are contracted to work for. You should check the contract you have with the agency for details of which, if any, benefits you are entitled to.
5) Sick pay
As you are entitled to the same basic terms and conditions as an employee you are entitled to receive Statutory Sick Pay as long as you are paying Class 1 National Insurance Contributions and fulfil other requirements such as you must be working at the time of the sickness (not just registered with the agency).
As soon as you enter a contract with an agency make sure you familiarise yourself with the terms of the contract so that you are fully aware of what you are, and are not, entitled to.
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