Temporary and agency workers

Agency workers are covered by the WTR. Since 1 October 2011, qualifying agency workers also have rights under the Agency Workers Regulations: After 12 weeks in the same post for the same end-user they would be entitled to benefit from the same main terms and conditions as a comparable employee directly employed by the end user including contractual rights to rest breaks and holiday.

Agency workers in roles not covered by the WTR regulations may be covered by other more specific regulations. The road transport RTR regulations cover agency workers who don’t have a worker’s contract (RTR 14). Department for Transport (DfT) guidance says the agency or employment business is responsible for monitoring their work and keeping appropriate working time records unless they are paid directly by and have a contract with the hirer (who then monitors working time and maintains records): “Where no written contract of employment exists, whoever directly pays the worker in respect of work undertaken will be regarded as the employer for the purposes of the Regulations”.