Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

AcasAgency workersEmployment contracts

Agency workers often unaware of rights, Acas research reveals

by Rob Moss 19 Mar 2015
by Rob Moss 19 Mar 2015 Workers on agency contracts as often unaware of their rights. Photo: John Nguyen/Daily Mail/REX
Workers on agency contracts as often unaware of their rights. Photo: John Nguyen/Daily Mail/REX

Research published today has shown that agency workers are often unaware of their employment rights and are afraid of raising concerns owing to fears over job security.

What has always made this employment relationship so complex is its triangular nature” – Sir Brendan Barber

The Acas paper Three sides to every story: the impact of the Agency Worker Regulations looks at recent research around agency workers, as well as employers and employees that called the Acas helpline about agency work.

On average, one in five calls to the Acas helpline related to contract issues. Acas chair Sir Brendan Barber said that agency workers feel a sense of insecurity and fear around their contracts, similar to workers on zero-hours contracts.

Agency worker rights: resources for employers

Work out if an agency worker has qualified for the same terms and conditions as directly recruited workers

Employment law manual: Agency workers

Policy on the use of agency workers

“We found examples of agency workers who were afraid of questioning their employment rights or completely unaware that they were entitled to some basic rights.

“Some workers also complained that they were asked to take on tasks that they were not qualified to handle and employers wanting to ignore the law so that they could sack people immediately.”

The analysis revealed that agency workers are often unaware of their rights –  particularly around holiday pay and notice periods.

They are also unfamiliar with the 12-week period after which an agency worker becomes entitled to the same basic terms and conditions as workers who have been directly employed.

Agency workers are also afraid of asserting their statutory rights due to believing that there is an imbalance of power in the employment relationship.

Examples of calls to the Acas helpline around agency work included:

  • An agency worker who worked for social services and reported that she was coerced into working with vulnerable adults even though she had not received training in safeguarding and direct payments.
  • A hirer that had employed an agency worker for two years but claimed that the conduct and performance of that worker had deteriorated. The hirer wanted to terminate the assignment immediately, rather than follow standard good practice around performance appraisals or disciplinary procedures.
  • Several workers that had not been paid for their work and not knowing who to chase for their payment.

Barber added: “What has always made this employment relationship so complex is its triangular nature – with a need to balance the needs of workers, hirers and agencies.”

Responding to the report, Kevin Green, chief executive of the Recruitment and Employment Confederation (REC), said: “Acas’s own analysis shows that out of the 900,000 calls it received in 2014, 0.3 per cent were related to agency work, and of this 0.3 per cent, 43 per cent were from agency workers. That’s 967 calls. That’s out of 1.15 million agency workers who are out on assignments on any given day. Although we must all work together to ensure workers are treated fairly, it’s important to understand this context.

“It’s really disappointing to see the way that Acas have presented this issue. Recruiters are bound by regulations to make individuals aware of their rights and contractual terms. The REC goes further still – we set a compliance standard for our members that goes over and above the regulatory requirements.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“As ONS [Office for National Statistics] data shows, the majority of people don’t take on temporary work as a second-best to permanent work, but choose to work in this way to fit work around other commitments. Our own research has found that agency workers value the opportunity to get work quickly, the ability to fit work around their family, or are using temporary assignments to pick up skills and experience they can’t get elsewhere.

“In regards to pay between assignment contracts, or Swedish Derogation, this was agreed under the previous Labour government with the support of the CBI and the TUC. It is not a loophole, it is the law.”

Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. Rob specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

previous post
Performance bonuses: who truly deserves them?
next post
Temporary recruitment: as easy as picking up your smart phone

1 comment

Craig Gerrard 29 Mar 2015 - 10:26 pm

The law of exploitation.

Comments are closed.

You may also like

Fire and rehire: the relocation question

22 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Bank holidays: six things employers need to know

2 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

Acas hosts talks to end Birmingham bin strike

1 May 2025

Quarter of employees worried AI will threaten jobs...

28 Apr 2025

Court of Appeal hears Ryanair pilot’s worker status...

1 Apr 2025

Working when the clocks go forward: how should...

30 Mar 2025

Trump orders closure of US mediation body in...

27 Mar 2025

Acas announces new chief executive

18 Mar 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+