Agency workers

Since 1 October 2011, temporary agency workers have had additional rights under the Agency Workers Regulations 2010 (AWR). These rights are based on the principle of equal treatment with comparable direct employees of the hirer. The number of agency workers has increased to around 1.15 million people according to the trade body, the Recruitment and Employment Confederation.

Some rights are available from day one of an assignment but after 12 weeks temporary agency workers are entitled to equal treatment on pay, holidays and working time and improved pregnancy rights.

However, “pay” for this purpose does not include contractual sick pay, leaving this as an issue for negotiation. Agency workers who meet the qualifying conditions (see page 49) are entitled to Statutory Sick Pay (SSP) from the first day of their contract but that may be substantially less than the occupational sick pay enjoyed by the directly-employed workforce.

In December 2013, general union Unite successfully negotiated a deal with BMW to make 1,000 agency workers across the UK permanent, with guaranteed job security beyond 2020, and access to sick pay.

Calls to the Acas helpline reveal that not only do agency workers lack equivalent sick pay rights, they are also particularly vulnerable to a low awareness of their rights. One caller working in a care home had flu and, concerned for the health of the clients he worked with, rang in to say he could not work his shift that day. He was fined £50. The system of fines had recently been added to his contract but he had refused to sign the new contract, thinking it was illegal. He told the helpline adviser that he was worried “people would come to work while sick to avoid the fine”, and that “the agency would stop giving him work if he made a fuss”.