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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Agency Workers Policy

1. Purpose

The purpose of this policy is to establish clear guidelines regarding the rights, responsibilities, and working conditions of agency workers engaged by {{org_field_name}}. This policy ensures compliance with the Agency Workers Regulations 2010 (AWR 2010) and other relevant UK employment laws, guaranteeing fair treatment and equal opportunities for all agency workers.

2. Scope

This policy applies to all agency workers engaged by {{org_field_name}} and placed on assignments with client organisations. It covers all aspects of employment, including contractual arrangements, working conditions, pay, holiday entitlement, and rights under the AWR 2010.

3. Definition of an Agency Worker

An agency worker is an individual who:

• Is supplied by a temporary work agency to work temporarily for and under the supervision of a client organisation.
• Has a contract with the employment agency but does not have a direct employment relationship with the client organisation.
• Is entitled to certain employment rights and protections under the Agency Workers Regulations 2010.

4. Contractual Arrangements

• Agency workers are engaged through a written contract with the employment agency.
• Contracts must outline pay rates, working hours, notice periods, and statutory entitlements.
• All agency workers engaged by {{org_field_name}} will be provided with a written statement of employment particulars in accordance with section 1 of the Employment Rights Act 1996. This will be provided no later than the start of the worker’s engagement and will include the required particulars (including pay, hours/days of work, holiday entitlement, and any probationary/notice terms where applicable).
• Before agreeing terms and/or before the worker is introduced or supplied to a hirer (as applicable), {{org_field_name}} will provide the worker with a Key Information Document that clearly sets out the key pay-related information and any deductions/fees in line with regulation 13A of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
• {{org_field_name}} will comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, including providing required information to work-seekers, agreeing terms with hirers and workers, and keeping appropriate records.
• Assignments may be short-term or long-term, but the agency worker remains employed by the agency, not the client organisation.

5. Rights from Day One

From the first day of an assignment, agency workers are entitled to:

• Access to the same facilities and amenities as permanent employees at the client organisation (e.g., canteens, parking, childcare facilities).
• Information about job vacancies at the client organisation.
• Compliance with health and safety regulations, ensuring a safe working environment.

6. Rights After 12 Weeks of Continuous Service

After 12 weeks of continuous service in the same role with the same client, agency workers are entitled to equal treatment in:

• Pay (equal treatment): Pay will be no less favourable than if the agency worker had been recruited directly by the hirer to do the same job, to the extent required by the Agency Workers Regulations 2010. For AWR purposes, pay includes (where applicable) basic pay, holiday pay, overtime pay, shift/unsocial hours premiums, and bonuses/commission directly attributable to the individual’s performance or the amount/quality of work done. Pay does not generally include occupational sick pay, occupational pension contributions, redundancy pay, or certain non-cash benefits.
• Working Hours: The same working time conditions as permanent staff, including rest breaks.
• Annual Leave: The same holiday entitlement as permanent employees in equivalent roles.
• Pregnancy and Maternity Rights: Paid time off for antenatal appointments.

Breaks between assignments of six weeks or less do not reset the 12-week qualifying period.

7. Pay and Benefits

• Agency workers must be paid at least the National Minimum Wage or National Living Wage.
• Holiday entitlement and holiday pay: Agency workers are entitled to paid annual leave in line with the Working Time Regulations 1998 and any additional contractual leave. Holiday pay will be calculated and paid in accordance with the applicable legal rules, including the requirement that at least 4 weeks of statutory leave is paid at the worker’s normal remuneration rate where required.
• Rolled-up holiday pay (where permitted): For leave years starting on or after 1 April 2024, {{org_field_name}} may use rolled-up holiday pay only for workers who meet the legal definition of an irregular hours worker or part-year worker and where rolled-up holiday pay is clearly itemised and paid as an additional percentage of pay (currently 12.07% of pay for work done in the relevant pay period). Rolled-up holiday pay does not remove the worker’s right to take holiday; it is a method of paying for it.
• Deductions from wages must be agreed upon in advance and clearly outlined in payslips.
• Umbrella companies may be used, but workers must be informed of their employment status and payment structure in writing.

Where an umbrella company or other intermediary is used, {{org_field_name}} will ensure the worker is provided with a Key Information Document and relevant pay illustrations that explain the path of income, the identity of the payer(s), and any deductions/fees that will be applied, in line with regulation 13A and associated guidance.

8. Working Time Regulations

• Agency workers are subject to the Working Time Regulations 1998, meaning:
  • A maximum working week of 48 hours (unless they opt out in writing).
  • Daily and weekly rest breaks, including a 20-minute break for every six hours worked.
  • The right to paid annual leave in line with statutory entitlements.

9. Notice Period and Termination

• The agency or the client may end an assignment at any time, subject to contract terms.
• If the agency worker wishes to terminate an assignment, they must provide reasonable notice, as specified in their contract.
• If an assignment ends or a worker has concerns about the manner in which decisions have been taken, they may raise the matter under this policy’s grievance process and/or seek independent advice (including via Acas). Statutory rights will depend on the individual’s legal status (worker/employee) and length of service.

10. Grievance and Complaints Procedure

• Agency workers who believe they have been treated unfairly can raise concerns with their employment agency first.
• If unresolved, they may escalate complaints to ACAS (Advisory, Conciliation and Arbitration Service) or seek legal advice.
• Complaints about pay, working conditions, or treatment at the client organisation should be reported promptly.

11. Compliance and Responsibilities

• {{org_field_name}} is committed to ensuring all agency workers receive fair treatment and their legal rights under the AWR 2010.
• The agency is responsible for contractual terms, pay, and statutory entitlements.
• The client organisation is responsible for working conditions, equal treatment, and compliance with health and safety laws.
• Breaches of agency worker rights will be addressed immediately, and corrective action will be taken.

Where a worker believes their AWR rights (including equal treatment after the qualifying period) may not be being met, {{org_field_name}} will work with the hirer to verify the applicable terms and will respond promptly to reasonable requests for information needed to assess compliance.

Anti-avoidance: {{org_field_name}} will not structure assignments, rotations or breaks with the intention of preventing agency workers from attaining rights under the Agency Workers Regulations 2010.

Right to work and eligibility to work in the UK

{{org_field_name}} will carry out right-to-work checks before an individual is supplied to a hirer and will retain records of checks in accordance with applicable legal requirements. Where a worker’s right to work is time-limited, follow-up checks will be carried out as required.

12. Equality, diversity and non-discrimination

{{org_field_name}} is committed to equal opportunities and will not unlawfully discriminate, harass or victimise any worker or applicant on the basis of protected characteristics. This applies to recruitment, selection, pay arrangements, access to vacancies, and treatment during assignments. Concerns about discrimination or harassment should be reported promptly via the grievance process and will be investigated appropriately.

13. Data protection and confidentiality

{{org_field_name}} will process personal data relating to agency workers and applicants in accordance with UK GDPR and the Data Protection Act 2018. This includes ensuring an appropriate lawful basis for processing, applying additional safeguards where special category data is processed, restricting access to authorised personnel only, and retaining information only for as long as necessary. Workers have data protection rights, including the right to access their personal data, request correction, and raise concerns about how data is handled.

14. Policy Review

This policy will be reviewed annually or sooner if legislative changes require updates. All amendments will be communicated in writing to agency workers and relevant stakeholders.

This policy ensures that all agency workers engaged by {{org_field_name}} are treated fairly, in line with legal requirements, and provided with clear guidance on their rights and responsibilities.r guidance on their rights and responsibilities.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.