Agency workers



Agency workers are entitled to the basic statutory rights and benefits of workers, including:


• paid holiday under the Working Time Regulations (Chapter 4);



• rest breaks and limits on working time (Chapter 4);



• the national minimum wage (Chapter 4);



• protection from discrimination by the agency and the hirer under the Equality Act 2010 (see Chapter 7);



• Protection from unlawful pay deductions (see Chapter 4);


• Protection from detriment for whistleblowing (see Chapter 4);



• protection from victimisation on grounds of trade union membership (Chapter 5);



• the right to be accompanied (see Chapter 10); and



• protection under health and safety laws (see LRD’s legal guide, Health and Safety Law).



Agency workers are entitled to statutory sick pay and statutory maternity, adoption or paternity pay (but not maternity, adoption, shared parental or paternity leave), as long as they meet eligibility criteria in terms of earnings and length of service (see Chapter 9).


Although agency workersare not entitled totake shared parental leave themselves because they are not employees, if they can satisfy the “earnings and employment” test (see page 321), their directly employed partner may be able to take shared parental leave.