The law protecting agency and temporary workers is complex. If you believe you are being treated unfairly regarding your pay, rights, or the ending of your assignment, our specialist SRA-regulated solicitors are here to provide clear, robust legal advice.
The law gives you specific rights, some from the first day of an assignment and others after a qualifying period. The most important law is the Agency Worker Regulations 2010 (AWR).
The core principle of the AWR is that after 12 weeks in the same role with the same hirer, you are entitled to the same basic pay and working conditions as a permanent employee doing the same job. Understanding this is the key to protecting your rights.
Your agency and the company you work for are jointly liable to ensure you receive equal pay to a comparable permanent employee after the 12-week period.
Challenge Your Pay RateFrom the first day of your assignment, you have the right to be told about permanent vacancies and to access shared facilities like a canteen or car park.
Assert Your Day-One RightsYou are protected from discrimination related to protected characteristics (e.g., age, sex, race) and from suffering a detriment for asserting your rights under the AWR.
Address Unfair TreatmentThe Situation: Mr Kocur was an agency worker at Royal Mail for several years. He argued that after 12 weeks, he was entitled to the same working hours and leave arrangements as permanent staff.
The Problem: The employer and agency argued that the Agency Worker Regulations (AWR) only entitled him to the same number of working hours, not the specific shift patterns that permanent staff enjoyed.
The Outcome: The Supreme Court provided a landmark ruling. It confirmed that the AWR provide a "floor of rights" but do not mean an agency worker's contract is replaced with a permanent employee's. The right was to the same *amount* of working time and pay, not necessarily the exact same working pattern.
What this means for you: This case highlights the complexity of the AWR. Your rights after 12 weeks are powerful but specific. Our solicitors can provide an expert assessment of your situation to determine exactly what you are entitled to and help you claim it.
Most agency workers are not 'employees' of the company they work at (the hirer). You are typically a 'worker' of the agency. This distinction is crucial as it affects your rights, especially regarding unfair dismissal. However, under the AWR, you still gain significant rights after 12 weeks.
A break of six calendar weeks or less between assignments with the same hirer will 'pause' the 12-week clock. If you return to the same role, the clock resumes from where it left off. A break of more than six weeks will reset the clock to zero.
The first step is to keep a detailed written record of your assignments, pay, and any incidents of unfair treatment. You should then seek expert legal advice. Both the agency and the hirer can be held liable for a breach, and our solicitors can advise on the best way to raise your complaint and pursue a claim if necessary.
You have important legal rights as an agency or temporary worker. Let our expert employment solicitors ensure they are respected and upheld.
Request a Callback to Get Started0330 333 8797
info@wildings-solicitors.co.uk
862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG
Monday to Friday
9.00am - 5.00pm
Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement has more details.
