Working through an agency: after 12 weeks, equal terms with direct staff

Agency (temp) work does not mean «second-class» rights. The law protects agency workers — some rights from day one, some after 12 weeks.

From day one

From the start, an agency worker can use the hirer's shared facilities (such as the canteen, parking or transport) on the same basis as direct staff, and must be given information about vacancies with that hirer — a chance at a permanent role.

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After 12 weeks

Under the Agency Workers Regulations 2010, after 12 continuous calendar weeks in the same role with the same hirer (regulation 7), you gain the right to the same basic working conditions you would have had if recruited directly (regulation 5): pay, working time, rest breaks, night work and holidays. In short, after 12 weeks your pay should match a comparable direct employee's.

If after 12 weeks you are still paid less «because you're from an agency», that is a breach — raise it with the agency and hirer, and if refused, an employment tribunal.