12-week Rights

After 12 weeks on an assignment in the same role with the same hirer, agency workers are entitled to:

• equal treatment on pay, holidays and working time; and

• improved pregnancy rights.

“Pay” includes basic pay, holiday pay, unsocial hours payments (including enhanced pay for working on bank holidays), overtime pay, bonuses based on individual performance — including sales commissions and performance-related pay, some discretionary bonuses and vouchers (such as luncheon vouchers or childcare vouchers).

“Pay” does not include contractual sick pay, occupational pensions, maternity, paternity or adoption pay, bonuses unconnected to individual performance rewarding loyalty or length of service, redundancy pay, advances in pay or loans, expenses, payments linked to financial participation schemes (for example, share ownership schemes) and benefits in kind.

“Working time” includes requiring an agency worker to sign the 48-hour opt out (see Chapter 4), night work, shift arrangements and rest breaks.

“Holidays” includes contractual holiday entitlement, the arrangements for booking and taking holidays, arrangements for public holidays and any agreed arrangements for retaking holidays interrupted because of sickness.

The rights are available to both full and part-time agency workers.

A hirer or agency will have a defence to a claim for equal treatment if they can identify one comparable current direct employee with similar qualifications and experience who receives the same pay and conditions as the agency worker.