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Lack of Awareness of Agency Workers’ Rights

Agency workers are often unaware of their employment rights and are afraid of raising workplace concerns due to fears over job security, according to a new study by Acas.

The study analysed calls made to the Acas helpline about agency work by both employers and employees. On average, one in five calls related to contract issues. The study’s findings were similar to an analysis published last year on calls to the Acas helpline about zero hours contracts.

“Our analysis reveals that agency workers can feel a sense of insecurity and fear around their contracts, similar to those raised by calls to our helpline on zero hours contracts,” explained Acas Chair, Sir Brendan Barber.

“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,” he said.

“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,” he added.

Acas’ analysis revealed that agency workers were often:

  • Unaware of their rights, particularly around holiday pay, notice periods and the 12 week qualifying period when an agency worker doing the same work is entitled to have the same basic terms and conditions of employment as if they had been employed directly by the hirer; and
  • Afraid of asserting their statutory rights due to believing that there’s an imbalance of power in the employment relationship.

According to Acas, a greater awareness of the experiences of agency workers and how their employment rights can be protected would benefit the competitive nature of agency businesses.

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