Know Your Rights: Agency Workers

This newsletter is for you if you work through a recruitment agency.

By Carmen Neagu, 21 April 2026

Working through an agency is common in the UK. Care workers, drivers, warehouse staff, hospitality workers, healthcare assistants and many others go to work every day through an agency. If that is you, this newsletter explains what you are entitled to by law.

Some of these rights apply from your very first day. Others come after 12 weeks. This guide explains both, clearly and simply.

Your contract and your employment status

When you work through an agency, your contract is with the agency — not with the company you go to work at.

Most agency workers are on a zero hours contract. This means the agency cannot guarantee you a set number of hours. But it does not mean you have no rights. Zero hours is a way of describing the hours arrangement — it is not a way of removing your legal protections.

Most agency workers are classed as workers. This is different from being an employee. Workers have fewer rights than employees, but they still have important legal protections. This newsletter covers the rights that apply to you as a worker.

The agency must give you a written statement of your terms on or before your first day of work. This should tell you your pay rate, your holiday entitlement, and how your contract works. If you have not received this, ask for it. You are entitled to it.

Important: agencies cannot charge you a fee to register with them or to find you work. That is against the law.

What you are entitled to from day one

These rights apply from the very first day of your assignment, regardless of how many hours you work.

Pay

You must be paid at least the National Living Wage. From April 2026, this is £12.71 per hour if you are aged 21 or over. Lower rates apply for younger workers. No agency can legally pay you less than this.

Holiday pay

You are entitled to 5.6 weeks of paid holiday per year. For agency workers, this is usually calculated as 12.07% of the hours you work. Some agencies pay this as you go, added to your hourly rate — this is called rolled-up holiday pay. Others pay it when you take time off or at the end of an assignment. Check your written terms to see how yours is calculated.

Rest breaks

You are entitled to rest breaks during your shift and rest between working days. You cannot be required to work more than an average of 48 hours per week unless you have signed an agreement to opt out of this limit.

Protection from discrimination

The Equality Act 2010 protects you from discrimination from day one. This includes discrimination because of your age, disability, race, sex, religion, or pregnancy. Both the agency and the company you work at have a legal duty not to discriminate against you.

Access to facilities and job vacancies

From day one, you must have the same access to shared facilities at the workplace as directly employed staff. This includes things like the canteen, rest areas, and car parking. You must also be told about any job vacancies at the company. This is the responsibility of the company you work at, not the agency.

After 12 weeks — your additional rights

Once you have worked in the same role with the same company for 12 continuous weeks, you get additional rights under the Agency Workers Regulations 2010.

After 12 weeks, you are entitled to the same basic pay and working conditions as someone who was hired directly by that company. This includes your hourly rate, overtime rates, shift allowances, and how your holiday pay is calculated.

The 12-week clock runs from your first day. It does not reset if you have a short break due to illness, or if you take time off for paternity or parental leave. It only resets if you are away from the same role for more than six weeks, or if the role itself changes substantially.

If you believe your pay should have changed after 12 weeks and it has not, you can raise this with your agency. If they do not resolve it, you can make a complaint to the Fair Work Agency via GOV.UK.

Common questions

You have a problem at work. Who do you speak to?

It depends on what the problem is. If it is about your pay, your contract, or something the agency has done — contact your agency first. If it is about how you are being treated at the workplace — for example, bullying or unsafe conditions — raise it with your agency and ask them to take it up with the company on your behalf. Keep a written record of everything you raise and every response you receive.

You want to raise a formal complaint. What are your rights?

You have the right to raise a formal grievance. If it is about the agency, raise it with them in writing. You have the right to be accompanied by a colleague or trade union representative at any formal meeting. If the issue is not resolved, ACAS offers free early conciliation before any employment tribunal claim.

ACAS helpline: 0300 123 1100

A safeguarding allegation has been made about you at work. What now?

If you work in a regulated setting — such as a care home, school, or NHS placement — and an allegation is made, a formal process will follow. You will likely be removed from the placement while it is investigated. This is a precautionary step and does not mean the allegation is correct or that you have done anything wrong.

You have the right to be told what the allegation is. You have the right to respond. You have the right to be accompanied at any meetings.

If the matter is serious enough that a referral to the Disclosure and Barring Service (DBS) may be made, get advice before you do anything else — from a trade union, an employment solicitor, or your professional body. Do not resign while an investigation is ongoing without taking advice first. Resigning can significantly limit your options.

You think you are being underpaid. What can you do?

Start by asking your agency for a written breakdown of how your pay is calculated, including holiday pay. If you have been in the same role for more than 12 weeks, ask them to confirm how your rate compares to directly employed staff at the same company.

If you cannot resolve it with the agency, you can make a complaint to the Fair Work Agency, which handles enforcement of minimum wage, holiday pay, and agency worker entitlements. Complaints can be submitted via GOV.UK.

The agency is paying you through an umbrella company. What does that mean?

Some agency workers are paid through an umbrella company rather than directly by the agency. This means there is an extra company in the middle handling your payroll. Your legal rights still apply, but the arrangement can make it harder to understand your payslip and how deductions work. If you are paid this way, ask for a written explanation of every deduction before it is made. If anything is unclear, contact ACAS or Citizens Advice.

Where to get help

Next in this series: Agency Workers — Your Pay Explained

Newsletter 28 covers holiday pay, sick pay, maternity pay and more — in plain English.

People Potential Success supports both individuals and organisations. If you have a question about your rights at work or need support with a workplace matter, get in touch.