Agency workers’ enhanced rights
[ch 10: page 216]Agency workers are protected by the WTR, which gives them rights to holidays, rest breaks and protection in relation to night work. In addition, qualifying agency workers have rights under the Agency Workers Regulations 2010 (AWR). Under the AWR, agency workers who have worked in the same post for 12 weeks for the same end-user are entitled to equal treatment on pay, holidays and working time when compared to an equivalent direct employee.
End-users and agencies are not allowed to justify unequal treatment by pointing to the overall value of the agency worker’s package. For example, it would be against the law to give the agency worker less holiday in return for a premium hourly rate (Kocur v Angard Staffing Solutions Limited [2018] UKEAT/0181/17/2302).
From 6 April 2020, agency workers must be given a Key Information Document and a written statement of employment particulars, setting out all the key terms of their engagement, including holidays and holiday pay, before they start work. For more information, see LRD’s companion publication, Law at Work (https://www.lrdpublications.org.uk/lawatwork).