What rights do agency workers have under the Agency Workers Regulations 2010 from the first day of their assignment?
The Agency Workers Regulations 2010 (SI 2010/93) confer a number of rights on agency workers. Some of these rights apply from the first day a worker is engaged at a hirer organisation. Other rights apply only after the worker has been with the same hirer in the same or a substantively similar role for 12 weeks.
Rights that apply from day one include the right to be treated no less favourably than the hirer's comparable employees and workers in relation to shared facilities and amenities provided by the hirer, unless the hirer can objectively justify this. According to government guidance on the Regulations, shared facilities provided by the hirer that agency workers are entitled to access could include, for example:
- a canteen;
- a workplace crèche;
- transport to and from the workplace;
- a staff room;
- a prayer room; and
- car parking.
Agency workers also have the right from day one of the assignment to be given the same information about relevant vacancies as the hirer's comparable employees and workers.
The right not to suffer a detriment for asserting rights under the Regulations also applies from day one.
Hirers may be liable for employment tribunal claims by agency workers to whom they deny the above rights.