Temporary Workers and Agency Workers
Whilst temporary workers do not have the same extensive rights enjoyed by their permanent counterparts, they do still have some rights, the most important of which are:-
- To claim unfair dismissal, they should they have 2 years continuous service as an employee
- To be paid the National Minimum Wage/National Living Wage at the very least
- To work no more than 48 hours per week unless they have agreed otherwise
- Not to be subjected to race, sex, disability, or age discrimination. The right to bring a discrimination claim if they are.
- To at least 20 days holiday per annum
After 12 weeks working with the same hirer, a worker is entitled to the same basic terms and conditions as if they had been recruited directly should they qualify. They qualify if they have been doing the same job throughout the 12 weeks without a break. Breaks would count towards the 12 weeks during pregnancy (and up to 26 weeks after child birth) or during adoption or paternity leave. There would be a pause during the period of the break in the qualifying period, if the break was for 6 weeks or less, for up to 28 weeks or less if the break was due to sickness or injury, permitted absences such as annual leave, workplace closures such as Christmas holidays, or jury service of up to 28 weeks. The qualifying period would start again at zero should the break be for more than 6 weeks, should the worker start a new assignment with the same hirer during the 12 weeks, or should they start a substantially different role with the hirer during the 12 weeks.
Should the worker qualify after 12 weeks, then they would be entitled to the same basic terms and conditions as comparable workers recruited directly, as follows:-
- Basic pay, holiday pay, overtime, bonuses (performance linked)
- Working time - not to work more hours per week than comparable workers directly recruited have to
- annual leave - extra pay if above legal entitlement
- rest breaks and rest periods
- paid time off for antenatal appointments
- night work
Applies whether working full time or part time.
Taking A Case To An Employment Tribunal
Should you require advice on temporary working or agency working, or in relation to an Employment Tribunal matter, then please call one of our solicitors immediately on 0333 3010 700 or complete the questionnaire on the top right hand side of this page.
Should you have been offered a Settlement Agreement (which used to be known as Compromise Agreements) which you require independent advice on, then please call one of our employment law solicitors immediately on 0333 3010 700, or complete the questionnaire on the right hand side of this page. We will then arrange an appointment with you to go through the Settlement Agreement.