Other rights for agency workers

The Conduct of Employment Agencies and Employment Businesses Regulations 2004

Agency workers also have important rights under the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (CEAEB). In particular:

• with a few exceptions (principally performers, models and professional sports people) it is unlawful for an agency to charge a worker to find them work;

• the CEAEB regulations limit agencies’ right to charge fees where a temp placed by the agency is offered a permanent job with the employer;

• it is unlawful for an agency to withhold pay if a worker cannot produce a time sheet;

• it is unlawful for an agency to withhold pay on the basis that the hirer has not yet paid the agency;

• before an assignment, the agency must provide written terms to the agency worker as to:

◊ employment status: whether the agency worker is an employee of the agency;

◊ pay — how much, and how it is calculated;

◊ holiday entitlement; and

◊ other terms of employment, including notice.

Regulation 7 of the CEAEB regulations makes it unlawful for agencies to supply agency workers to replace staff who are taking part in official industrial disputes. No protection is provided where industrial action is unofficial.