The AWR came into force in October 2011 to give agency workers the same basic rights as those directly employed and enhanced rights for those who have been with a company for more than 12 weeks. Yet a lack of awareness means that agency workers are still very much unaware of their rights when being contracted to work for a company. With this, many businesses are getting away with unlawful and criminal acts, which is why recruitment agencies must take the lead. As a recruiter, you may have a bank of workers who work directly under your agency or that you place into employment. It is therefore your responsibility to let your candidates know their entitlements.
Likewise, it is also the recruitment agencies’ responsibility to place candidates and advertise roles for companies who are compliant with the law, otherwise the liability will be split between the hirer, the agency and umbrella company (if relevant).
Entitlements – Day One Rights
Upon joining, all workers are entitled to written terms of employment, which includes the employment terms and conditions such as pay, holiday entitlement, notice period and whether the individual is employed under a contract of services or employment. When offered a job, it is the responsibility of the company to tell the agency worker:
- How long the contract is likely to last and the start date
- The type of work that they are contracted to do
- The location and contracted hours
- Health and safety risks and procedures
- Experience, training or qualifications needed for the role
Although agency workers are handled differently, similarly to employees they are entitled to:
- Rest breaks
- National Minimum Wage (NMW)
- No unlawful deductions
- Health and Safety allowances at work
- Discrimination rights under the equality Act 2010
- The same wage as a permanent employee in that role
- Paid annual leave
- Auto enrolment
- Overtime and bonuses
- Rest breaks and rest periods
- Paid time for ante-natal reasons
Source
https://www.gov.uk/agency-workers-your-rights/when-youre-an-agency-worker
http://www.contractoruk.com/agency_workers_regulations/