Agency worker

Three parties share the arrangement

An agency worker has a contract with an employment agency but carries out an assignment for a hiring organisation. The agency usually handles the contract and pay. The hirer directs the day-to-day work and remains responsible for matters within its control, including workplace health and safety.

That split does not let either organisation assume the other has everything covered. Before an assignment starts, agree who will provide information, induction, equipment, supervision, timesheets and absence contacts. The hirer must give the agency accurate information about the role and relevant terms so the agency can meet its obligations.

The GOV.UK guide for employers using agency staff sets out the practical division of responsibilities.

Rights build during the assignment

From day one, an agency worker has worker rights and should be able to use shared facilities and see information about vacancies on the same basis as comparable staff. After completing the qualifying period in the same role with the same hirer, equal-treatment rights extend to basic working and employment conditions such as pay, annual leave and rest breaks.

The qualifying period is not always twelve uninterrupted calendar weeks. Some absences pause it, some continue it, and a substantively different role can restart it. Use the current equal-treatment guidance rather than counting assignments by eye.

Keep one shared assignment record

Record the agency, role, location, start date, expected duration and who owns each practical task. Track breaks and changes that affect the qualifying period, and tell the agency promptly when pay, hours or the role changes.

Northern Ireland uses separate rules. For an NI assignment, check the nidirect equal-treatment guidance instead of treating the Great Britain process as UK-wide.