After 12 weeks on the job, agency staff are entitled to the same basic working and employment conditions as other directly recruited staff.
These rights are limited to pay which means any sums related to the work done by the agency worker and includes basic pay, shift allowances, any fee, bonus or commission, holiday pay and vouchers or stamps which have monetary value, the duration of working time (e.g. if working hours are limited to a maximum of 48 a week), night work, rest periods, rest breaks and annual leave.
Pay does not include occupational sick pay, occupational maternity, paternity and adoption pay, redundancy or incentive and bonus payments which are not related to the work the agency worker does and expenses.
The right to equal treatment in relation to the duration of working time does not mean that an agency worker is entitled to the same number of contractual hours as directly recruited staff.
Pregnant agency workers who have completed the 12 week qualifying period are entitled to paid time off for ante-natal appointments.
The right to equal pay for agency workers does not apply if the agency worker is a permanent employee of the agency. However, this provision will be repealed in April 2020.