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Information on day one rights

As an agency worker from 1 October 2023 you are entitled to day one rights from the first day of your assignment. These are access to collective facilities (for example the staff canteen) and information about job vacancies.

If you do not think you are getting your rights, you should talk to the hirer or agency.

If you cannot resolve the matter informally you can request written information from your hirer about your day one rights any time after the start of your assignment.

The hirer has to provide a written statement with all the relevant information about:

• the rights of someone doing a similar job
• why agency workers are treated differently

The hirer has 28 days to reply to your request.

Information about pay and other entitlements after 12 weeks

After 12 weeks in the same job, if you believe you are not getting your rights, you are entitled to ask for written information from your agency. For example, if you think you are not receiving equal treatment on pay, holidays etc, you can of course approach the agency to ask questions.

If you do not get a reply within 30 days you can ask for the same information from your hirer who has 28 days to reply.

The agency has to provide information relating to:

• basic working and employment conditions eg rate of pay and number of weeks' annual leave
• any relevant information or factors that were considered when determining these conditions, for example is there a pay scale which sets the rate of pay
• the terms and conditions of a relevant comparable employee (if relevant) and explain any difference in treatment eg lower rate of pay because you do not have the same qualifications, skills or experience/expertise

What happens if you do not get the information

If you make a claim to an Employment Tribunal, the Tribunal may look unfavourably if information or a written statement was requested but not provided.

• Acas contact details

What to do if you have a problem with the information provided

You can bring a claim to an Employment Tribunal if the agency (including an umbrella company or other body involved in supplying you) and your hirer:

• do not give you equal treatment after 12 weeks
• deny you access to facilities or information on vacancies from day one

Try to resolve the situation without going to an Employment Tribunal. Acas (the Advisory, Conciliation and Arbitration Service) may be able to help you before making a claim or even after you have made a claim.

• Making a claim to an Employment Tribunal

An Employment Tribunal will not consider a complaint unless it is presented within three months of the actual breach.

If it is unclear where liability for your claim might lie. You might claim against the hirer, the agency, the umbrella company or any other parties.

If your claim is successful then you will be compensated for any loss attributable to the breach including:

• expenses reasonably incurred
• loss of earnings
• an appropriate level of compensation if you have been denied access to a facility for example

There is no maximum award but there is a minimum award of two weeks' pay.