You should also get a copy of (or easy access to) your employer’s discipline and grievance procedure. If your pay varies depending on your hours, your payslip must also show the number of hours you have worked. You have the right to take parental leave (unpaid). You can read about these in our separate section on family-friendly work. You should start counting this period from their first day of work. It will take only 2 minutes to fill in. You can take unpaid time off to deal with unexpected emergencies involving family members or people who rely on you for their care. Bonuses of commission directly attributed to performance. If you are dismissed when pregnant or when taking maternity or adoption leave, you have the right to written reasons for your dismissal, whether or not you ask for them. Time off with pay for ante-natal appointments. They can sign an agreement with their agency to waive this right. There are 865,000 agency workers (or temps) in the UK. This figure amounts to a 30% increase from 2011. You have a right, on request, to written reasons for your dismissal. You have the right to reasonable paid time off for duties and training as a union rep, safety rep or a union learning rep, in a workplace where a union is recognised. If the agency wants to end the contract: they must give you 4 weeks’ pay between assignments; you might be entitled to certain rights, including notice pay and redundancy pay (if you have 2 years continuous service.) You’ve accepted all cookies. You should only take this step after taking advice from Citizens Advice or your union. That’s after 12 weeks. If your employer dismisses you just before you have worked the full two years needed to claim unfair dismissal, an employment tribunal will add to your service the statutory notice your employer should have given you (unless you were dismissed for gross misconduct). You can take unpaid time off to accompany a pregnant partner to two antenatal appointments. You must be paid statutory lay-off pay if you are laid off or put on "short-time working" (this is where you are paid less than half a week's pay, because there is less work to do). By continuing to browse the site you are agreeing to our use of cookies. For more information about the steps involved in bringing a tribunal claim, including information about Acas Early Conciliation, see our Enforcing Your Rights section. This information should be available at your fingertips in a safe place. You must be paid medical suspension pay if you are suspended on certain medical grounds, such as where there is a threat to health caused by exposure to lead, rubber, chemicals or radioactive substances. Like all workers, you must be given a document called a written statement of employment particulars on or before your first day on the job. The source for this is the Resolution Foundation 2016. You have the right to ask for time off to train if your employer has more than 250 employees. The employment contract you provide should include working…, For various reasons, as a business it can be a great idea to bring in young talent. You should not be discriminated against in a job selection process on the grounds of your trade union membership or your union activities, such as campaigning for union recognition in a previous role, sex (including pregnancy/ maternity status), race (including nationality), disability, age, sexual orientation, religion/ belief (including lack thereof), being married or in a civil partnership, or being transgender. You must be given one week's notice of dismissal (or more, if your contract entitles you to longer notice). Contact ACAS if you’re unsure if you’re an agency worker. Bright HR Limited is authorised and regulated by the Financial Conduct Authority for the sale of non-investment insurance contracts. Unless you take this first step within the time limit for bringing your tribunal claim, you will not be allowed to bring it. Rights after one year’s service . Want to know how the most popular HR software for SMEs got started? You have the right to ask to work flexibly. It’s critical to be clear about the start and end of the 12 week qualifying period for them. Check with the company that hired you. You have the right to equal pay with members of the opposite sex doing the same job, a similar job, or a job of equal value to your job. There are job specs to write, interviews to hold, and…, Flexible working is increasingly popular for employees, so it makes sense for your business to consider offering it. If you were dismissed (including redundancy) while you were pregnant or on maternity or adoption leave, you have this right from day one of your employment, whether or not you make a request. Get support or login today. Agencies can include recruitment agencies, for example ‘temp agencies’. You can add this to the agency worker’s holiday entitlement, add it to their hourly-daily rate, or pay it at the end of their working period with you. Strictly speaking, your employer does not have to give you this for two months, but good employers will give it to you as soon as you start work, so you know what the rules are. You have the right to reasonable unpaid time off as a union member to engage in union activities where a union is recognised. Finding work for free, but the agency can charge for services like CV writing. This section sets out the extra rights employees enjoy and how long you have to wait for them. Don’t worry we won’t send you spam or share your email address with anyone. You have the right not to be discriminated against on the grounds of your trade union membership, sex, pregnancy and maternity, race (including nationality), disability, age, sexual orientation, religion/ belief (including lack thereof), marital or civil partnership status, or being transgender. You're usually classed as self-employed if you: After agency workers join you, they’re not obligated to work more than an average of 48 hours per week, under The Working Time Regulations 1998. You’re not an agency worker if you use an agency to find permanent or fixed-term employment. Agency workers also have a set of specific rights, along with the rights available to all workers. You have the right to paid time off for medical appointments if you are pregnant. You have rights to time off, paid and unpaid, for adoption appointments. The Agency Workers Regulations 2010 (some refer to this incorrectly as the “agency work regulations”) provide workers the right to equal treatment for basic employment and working conditions. If you are an 'employee' then you gain extra rights, but you may have to work for a qualifying period. Equip yourself with essential skills to be the best you yet. We use cookies to collect information about how you use GOV.UK. If you have agency workers and need help with your HR activities regarding them, get in touch and we’ll give you a helping hand: 0800 783 2806. Before bringing a tribunal claim, you must fill out an Early Conciliation Notification Form and send it to Acas. Well, it’s pretty simple. As a result, they can’t claim equal pay, but their other rights will remain the same. Don’t include personal or financial information like your National Insurance number or credit card details. Warning: There is new legislation on the employment rights of agency workers. You can read about these in our separate section on the rights of agency workers. There is no fee to access an employment tribunal, as of July 2017, when a union-backed case at the Supreme Court ruled that charging for access to tribunals was unlawful. Some family-friendly rights depend on you having been employed for 26 weeks at the end of the 15th week before the due date (or matching date for adoption) or your baby. You should also remember that you’ll classify them as workers, which is different to employees. Communicating changes to terms and conditions. Find out more about the Agency Workers Regulations here, or use the resources below: You have the right not to disclose a spent conviction, unless you are applying for a job in certain specific sectors, including working with young people and vulnerable adults. You have the right to ask for reasonable adjustments if you have a disability. The Agency Workers Regulations 2010 (some refer to this incorrectly as the “agency work regulations”) provide workers the right to equal treatment for basic employment and working conditions. How to identify agency workers closedown for Christmas) or industrial action. You can’t insist that they work longer shifts than comparable employees. The following also indicates that someone’s employment status: First off, do agency workers have rights? A common-law employee is eligible for the same benefits as those received by permanent employees, including job protection. Make sure you allow enough time to make your application to the tribunal within the time limit. We’ll send you a link to a feedback form. All content is available under the Open Government Licence v3.0, except where otherwise stated, National restrictions in England from 5 November, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. Your contractual rights cannot be worse than your statutory rights (for example, your pay cannot be lower than the National Minimum Wage for your age). You have the right to take parental leave (unpaid). You’re also an agency worker if you look for work through entertainment and modelling agencies. They’re set out in law to ensure equal and fair treatment. You can change your cookie settings at any time. These include: the right to take two weeks’ paternity leave; rights to statutory maternity, adoption, shared parental, paternity and bereavement pay. You have the right to a paid maternity suspension if you are pregnant, a new mother, or breastfeeding if your work threatens your safety or that of your child and there is no other suitable job for you. There is a legal contract in place as soon as you agree to work in return for wages, even if it is not written down. You’re an agency worker if you have a contract with an agency but you work temporarily for a hirer. You have a right not to have deductions (with some exceptions such as for tax) made from your pay, unless your employer has the contractual power to make the deductions in your employment contract and you have agreed to them in advance. In 2011 Agency Workers became entitled to a new range of protection and rights. That’s after 12 weeks. Are on loan to you from another business. We use this information to make the website work as well as possible and improve government services. the agency may still offer an agency worker a permanent employment contract and pay between assignments, but the agency worker will be entitled to equal treatment to pay after 12 weeks; Holiday rights. You also have important implied contractual rights, such as the right to mutual ‘trust and confidence’. Already a BrightHR customer? BrightHR is smart software that transforms your people management. Making available relevant details (e.g. Have found direct employment with you through an agency or by themselves.