Archive Website of the UK government

Please note that this website has a UK government accesskeys system.

Archive brought to you by Cross Stitch UK

Main menu

Thursday, 4 October 2023

Agency workers: entitlement to equal treatment - from day one

From 1 October 2023 agency workers are entitled to new employment rights. From the first day of your assignment, you are entitled to certain rights such as access to facilities and information on job vacancies. Find out more.

Day one rights

From the first day of your assignment, you are entitled to:

  • access to shared facilities and amenities or services provided by your hirer
  • information on job vacancies with the hirer

Your rights are based on those of someone doing a comparable (similar) job. A comparable employee is someone doing the same job or broadly similar work to you usually at the same workplace (but may be located elsewhere). This entitlement applies if you are working part time as well as full time.

If there are no comparable workers or employees there is no entitlement to equal treatment.

Access to collective facilities

From your first day of your assignment, you should have the same access to shared facilities and amenities as comparable employees or workers.

Facilities and amenities can include:

  • access to a canteen or other similar facilities
  • a workplace crèche (subject to the same waiting lists or conditions as comparable employees or workers)
  • transport services (local pick up service, inter-site transport)
  • toilet/shower facilities
  • a staff common room
  • a mother and baby room
  • a prayer room
  • car parking (subject to the same restrictions as comparable employees or workers)
  • a waiting room
  • food and drinks machines

These facilities are usually on-site where you are working but may be elsewhere. The hirer may provide information on facilities to your agency as part of the information about the assignment. Hirers can only refuse you access to facilities if they can objectively justify denying you access.

Cost alone is unlikely to be a sufficient reason to exclude you. Even where there is objective justification, you might be offered partial access to certain facilities rather than being excluded altogether.

Information on job vacancies

From day one of an assignment you are entitled to be treated no less favourably than a comparable employee or worker in relation to information about relevant job vacancies. You can only see vacancies in the establishment where you are working.

Your hirer or temporary work agency will tell you how to get information on vacancies. It might be displayed in public areas or be available on your hirer’s intranet. Where your hirer is redeploying staff to avoid a redundancy situation, it is not necessary to advertise these jobs.

Although your hirer must provide you with this information, they can still handle your application or requirements according to your:

  • qualifications or experience
  • time served in the organisation

Access keys