Archive Website of the UK government

Workers' employment rights

All workers, including agency workers, are entitled to the following rights:

• paid holiday
• rest breaks and limits on working time
• no unlawful deductions from wages
• the National Minimum Wage
• not to be discriminated against under any of the equality legislation
• protection under health and safety laws

• Discrimination at work

• Health and safety at work

• Employment terms and conditions

Workers are generally not entitled to redundancy pay or to claim unfair dismissal, which are rights available to employees. If you are in this situation, get advice on what your rights are.

• Redundancy and leaving your job

New rights from 1 October 2023

Agency workers are now entitled to certain new employment rights. When on an assignment you will get some of these rights from day one and some after 12 weeks in the same job.

• Agency workers: new rights from 1 October 2023

Contracts for services and contracts of employment

As an agency worker, it is likely that you have a 'contract for services' with your agency. This means that you are not employed by the agency, you just have an agreement that they will look to find you temporary work. There is no obligation on the agency to find you work or for you to accept any work that they find you.

Employment contracts are not generally issued by agencies to their workers. If you do have an employment contract with your agency, it is likely to be a 'zero hours' contract. This does not guarantee you any particular level of work.

If you are unsure if you are a worker or an employee, then you should seek independent advice.

• Employment contacts

Maternity, paternity and adoption pay

If you are an agency worker, you may have the right to maternity or paternity pay, but not maternity or paternity leave.

• Work and families (parents section)

Statutory Sick Pay

You can get Statutory Sick Pay (SSP) in the same way as can other workers. HM Revenue & Customs (HMRC) can help decide what you are entitled to.

• Statutory Sick Pay (money, tax and benefits section)

Paying your tax and National Insurance

There are special rules for agency workers on paying your tax and National Insurance contributions.

• Working and paying tax (money, tax and benefits section)

Are you entitled to the same benefits as permanent staff?

You should check your contract, or talk to your agency to see what benefits you are entitled to. There is probably nothing you can do about getting fewer benefits than permanent staff, unless you can show you are being unlawfully discriminated against.

• Discrimination at work

What to do if your agency isn't giving you work

It is up to your agency to decide who they put forward for work. Agencies tend to have more people on their books than they usually need so they can cover peaks in demand.

If your agency isn't giving you work, raise the matter with them. If the reason is a bad reference from a previous employer, your agency should explain this and let you have your say.

Your agency's reason for not putting you forward for work might be that there is not enough demand for the sort of work you want. If this is the case, you might consider broadening the range of work that you are prepared to do. If this fails try joining another agency, there is no limit to the number you can register with.

If your agency isn’t providing you with work there is not much you can do, unless you think your agency is unlawfully discriminating against you.

• Discrimination at work

Where to get help

The Pay and Work Rights Helpline can give you support or advice on your rights as an agency worker.

If you have a general enquiry about your employment rights as an agency worker or a complaint about the agency you can use their online enquiry or complaint form.

• Pay and Work Rights general enquiry form Opens new window

• Pay and Work Rights complaint form Opens new window

• Pay and Work Rights Helpline