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Agency workers

Overview
The rights of temporary staff supplied by employment agencies will depend on their employment status - as either employee or worker.

Key points

  • The rights of temporary staff supplied by employment agencies will depend on their employment status.
  • A temporary worker may or may not be an employee of the employment agency through which they are allocated work. Their status will depend on the terms of their contract and the nature of the working relationship.
  • It is possible for an individual working through a limited company to assert that they are an employee of the organisation for which they work, provided certain key criteria are met.
  • Employment businesses used to be able to use Swedish Derogation, or Pay Between Assignment, employment contracts to opt-out of equal treatment in relation to pay once the agency worker reaches 12 weeks’ service within an assignment. From 6 April 2020, the opt-out provisions of these contracts were removed. Employment businesses have to notify their agency workers of this change by providing them with a written statement by 30 April 2020.