New employment rights for agency workers

23 Jan 2012     Last updated: 20 Jun 2014

From 5 December 2011, after 12 weeks in the same job with the same hirer, agency workers will be entitled to the same basic terms and conditions as if they had been recruited directly.

From 5 December 2011, agency workers will be entitled to new employment rights.

After 12 weeks in the same job with the same hirer, agency workers will be entitled to the same basic terms and conditions as if they had been recruited directly.

These basic terms and conditions include:

  • basic pay, including holiday pay, overtime and bonuses linked to your performance
  • duration of working time – for example, not being expected to work more hours a week than those who are directly recruited
  • annual leave (where this is above your legal entitlement you may receive an additional payment, as part of the hourly rate or at the end of the assignment, instead of the additional leave)
  • night work
  •  rest breaks and rest periods

There will also be an entitlement after 12 weeks in the same job to paid time off for ante-natal appointments.

For further details on what is included (basic, overtime, bonuses and commission) and excluded (occupational payments, notice and redundancy) in “pay” go to: www.nidirect.gov.uk  

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