Agency Workers Online Information

* Details of our online information session and special Advice Centre are below.

You're an agency worker if you have a contract with an agency but you work temporarily for an employer.

After 12 weeks in the same role with the same employer, agency workers will be entitled to the same employment and working conditions as permanent staff. ... 

While agency workers do not have all the same employment rights as regular workers, under the EU Directive on Temporary Agency Work temporary agency workers have the right to equal treatment in basic working and employment conditions. 

These would include:

• key elements of pay
• overtime
• duration of working time
• night work
• rest periods
• rest breaks during working day
• annual leave
• public holidays
• Access to information on vacancies in the hirer company
• Access collective facilities and amenities (e.g. canteen, childcare and transport Facilities, etc)
• pregnant workers will be entitled to paid time off for antenatal appointments.

However, agency workers will not be entitled to all the same benefits, such as occupational sick pay, and health insurance.

If a particular entitlement commences only after a period of service, for example, additional annual leave arises after one year of employment, then the entitlement would only start after one year plus 12 weeks.

Legislation that does not apply to agency workers

The Protection of Employees (Fixed-Term Work) Act 2003 applies to most employees on fixed-term contracts. 

• Does not apply to agency workers placed by a temporary work agency to work under the supervision and direction of another organisation.
• Does apply to agency workers employed directly by an employment agency.

The term, fixed-term employee, covers employees whose contract ends on a specified date, or when a specific task is completed, or when a specific event occurs. Generally, a fixed-term contract ends on an agreed date. A fixed-term contract can range from a number of months up to a year or more.

However, a fixed-term contract can also involve a specified-purpose and so may not end on a specific date. Rather, it is agreed that the contract will finish when a particular stated task is completed, such as replacing an employee while she is on maternity leave.

Employees cannot be employed on a series of fixed-term contracts indefinitely.

If an employee whose employment started on or after 14 July 2003 has been employed on 2 or more continuous fixed-term contracts, the total duration of those contracts may not exceed 4 years. After this, if the employer wants the employee to continue in the job, they must be employed under a contract of indefinite duration.

The only exception to this statutory provision is where there are objective grounds justifying the renewal of a fixed term contract. The employer must be able to demonstrate that a further renewal is appropriate and necessary to achieve a legitimate objective.

Agency Workers Helpline -  Tuesday 30 August 10:00am to 5:00pm

If you have a question or are unsure of your rights,

if you need support or representation.

Freephone ROI 1800 81 91 91 NI 0800 358 0071

or email us at advice@fsunion.org