Agency workers
When hiring a temporary agency worker you should use our contracted agency provider - Matrix.
Matrix manages all the employment agencies (vendors) that we use. They are compliant with the IR35 requirements and legislation. They will make the appropriate tax and National Insurance deductions.
Managers must not negotiate rates directly with vendors or agency workers. A manager requesting that an agency worker from the approved providers must tell them:
- the agency worker's intended start date
- the approximate length of the assignment
- the reason why additional resources are needed
- the appropriate rate of pay (based on current market conditions)
- job description
- names of any preferred individual, if the agency offers a choice of workers
Before they start
A manager or supervisor will need to undertake some checks before your agency worker can begin in the role you are asking them to undertake. You will need to ask to see the following information:
- enhanced DBS check (if applicable)
- evidence of their identity
- evidence of their right to work in the UK
- evidence of any relevant qualifications.
From day one of an assignment
We will give agency workers the same access to our collective facilities and amenities as a comparable employee. Agency workers will have access to the following where they are available:
- any on-site canteens
- all toilet and shower facilities in the relevant area of work
- staff restrooms
- breastfeeding facilities
- vending machines
- staff car parking (if appropriate for the role)
- information about any relevant internal job vacancies and the opportunity to apply
Pay and terms and conditions
We give all agency workers access to comparable pay and conditions from day one.
Agency workers are entitled to the same basic pay as an employee or worker doing the same role. It includes a pro-rata salary and any additional payments such as shift allowance and overtime pay. It does not include a bonus or reward not related to the amount or quality of the work that they have done.
Working hours
Agency workers will work the same basic working hours as other employees or workers doing the same job. Agency workers may opt out of the 48-hour working week under the Working Time Regulations 1998 if they wish.
Rest periods and night work
Agency workers are entitled to the same rest periods, breaks and night work as other employees doing the same job.
After 12 weeks of an assignment
After 12 weeks with us, agency workers are entitled to the same basic working and employment conditions of other employees. The 12 weeks does not have to be within the same service. The 12 weeks is known as the 'qualifying period'.
Annual leave and time off
Agency workers are entitled to the same paid annual leave as employees doing the same job. This leave entitlement will be pro-rata to the length of the assignment.
What is not included
The right to equal and comparable pay and conditions does not include:
- occupational sick pay
- occupational pensions
- maternity, paternity or adoption pay. The regulations do not affect an agency worker's statutory entitlements
- redundancy pay (statutory or contractual)
- benefits in kind, or benefits requiring an eligibility period
- bonuses that are not linked directly to the contribution of the individual. For example, a loyalty bonus given to all
- the right to participate in salary-sacrifice schemes