Agency Workers Rights

Rights for Agency Workers

All agency workers have these basic rights from day one of their employment.

Written statement of terms and conditions

Every agency worker whether employed temporarily or on a permanent basis has the right to a written statement of terms and conditions. This is a legally binding document between the employee and agency that can be enforced by law. The employee does not have to sign the contract on the spot, and has the right to seek clarification of details from a third party (Union Rep), before signing the document. Once the document has been signed any changes must be agreed by both parties in writing within five working days.
Terms and conditions must state

Whether you are an employee of the agency or your services are contracted

That you will be paid in full for all work carried out

How much notice is required to give or receive in order to end the contract

The rate of pay you will receive, which must be at least the hourly minimum wage rate

How much paid leave you get.

National Minimum Wage

The minimum hourly rate.
£5.93 – the main rate for workers aged 21 and over (*£6.08)
£4.92 – the 18-20 rate (*£4.98)
£3.64 – the 16-17 rate for workers above school leaving age but under 18 (£*3.68)

*from 1st October 2011
.

Deductions from your pay

An agency cannot legally deduct the following from your pay.

Deductions for meals or refreshments which are provided can be made.

Charges from an agency for finding you work, agency products or services.

If you are employed where tips are given to you directly, these tips cannot count as part of your wage.

Withholding your pay

An agency cannot withhold your pay simply because they have not been paid by the company or organisation where you worked, or because you cannot produce a signed time sheet. Where the hiring company refuses to sign a timesheet, it is the agency’s responsibility to establish the hours you actually worked and pay you accordingly.