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Restrictions on employment agencies and businesses

Employment agencies must follow certain rules when either:

• they are trying to find you temporary work
• you are a jobseeker looking for permanent employment with a new employer

There are differences in the rules that apply, depending on whether you are looking for temporary or permanent work.

For tips on how to get the most out of your agency, read the 'recruitment agencies' page.

• Recruitment agencies

• Using employment agencies

• Agency worker employment rights

Differences in the entertainment and modelling industries

If you use employment agencies to find you work in the entertainment or modelling industries then some slightly different rules apply to those agencies.

• Finding work through an entertainment or modelling agency

Agency fees for finding you work

Your employment agency can’t charge you a fee for finding or trying to find you work. They can charge you for additional non-work-finding services (eg CV writing). However, they cannot make you use these services as a condition for finding you work.

If your employment agency provides services that are charged for, you must be given full written details of the services. This should include your right to cancel or withdraw from the services and the length of the notice period you must give.

You can cancel any paid services without suffering any penalty, including any services for accommodation, transport or training. You must give a minimum of ten working days written notice to the agency to cancel living accommodation. You must give a minimum of five working days notice for all other services.

If your employment agency sets out a longer notice period, then it is breaking the law and you should make a complaint about the agency. This applies equally to agency workers and jobseekers using an employment agency to find a new job.

Being paid by an agency

You have a right to be paid by the agency for all the hours that you have worked, whether or not you sent in a timesheet. Your agency could delay paying you while they investigate whether you worked for the time in question, but they can only do that for a reasonable period.

You have a right to be paid for work you have done even if the employment agency hasn’t been paid by the hiring company.

The standard of your work

If a company is unhappy with your work, it is a contractual matter between the agency and the company. The agency still has to pay you for all the hours they have worked.

The terms and conditions of using the agency

If you are an agency worker using an agency, your agency must give you written terms of employment before looking for work for you. These should include:

• whether you are employed under a contract for services or a contract of employment
• your notice period
• your pay details
• your holiday entitlement

An agency cannot change your terms and conditions without telling you.

If you agree to the changes you must be given a new document with the full details of the changes and the date they apply from.

An agency cannot give information about you to any third parties or to a current employer without your permission. The exceptions to this are if it is for legal purposes or to a professional body of which you are a member.

An agency must also state the truth when placing advertisements (this also applies to jobseekers using an employment agency to find a job).

Basic information you should receive when you start work for a company

When an agency offers you a position with a company they should tell you:

• your start date
• likely duration of the work
• type of work
• location
• your hours
• health and safety risks and steps the hirer has taken to control such risks
• experience, training or qualifications needed for the role
• any expenses payable
• your rate of pay

An agency cannot enter into a contract with a hirer on your behalf or sign you up to a contract on behalf of a hirer.

An agency cannot supply you to a hirer to perform the work usually performed by employees who are involved in a strike or other industrial action

Working in agriculture

If you use an agency to find work in one of the following areas you are using an agency known as a gangmaster:

• agriculture
• forestry
• horticulture
• shellfish gathering
• food and drink processing and packaging

Gangmasters must be registered with the Gangmasters Licensing Authority and have a licence.

• Agricultural workers' rights

Working abroad

If you are offered work abroad, your agency must check that the hiring company has business premises in the UK. If they don’t, your agency must ask the hiring company for a written statement to say that the proposed work won't be detrimental to your interests.

If your agency has provided you with free travel to the job, the agency must also pay for your return fare:

• when your job ends
• if the job does not start
• if they have a written agreement with your hiring company to pay
• if your hiring company doesn’t pay for the return fare when they should

If you are accepting a job abroad, check the written statement provided by your agency carefully. Make sure you are clear about the terms and conditions of the employment before you leave.

Workers under the age of 18

If you are under 18-years-old there are additional protections for you. If you are expected to work during school hours, your agency must check that you have received vocational guidance from the local careers service. If the agency is arranging a job abroad, it must have written consent from your parent or guardian.

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 complaint form Opens new window

• Pay and Work Rights general enquiry form Opens new window

• Pay and Work Rights Helpline

Useful contacts

• Pay and Work Rights Helpline

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• More useful contacts