Agency workers are generally engaged on contracts that purport to be “contract for services”, “zero hours” or “self-employed” contracts.
Are agency workers also employees?
The recent Case Law has developed conflicting authorities as to whether agency workers are also employees. Case Law has suggested that in certain circumstances they could be employees of the agency or employees of the company where the employee is placed by the agency (the end-user). Furthermore, casual workers can be employees and in other circumstances not.
Please see the section about who is classified as an employee.
HMRC has launched a tool to assist people in deciding their employment status HMRC employment status tool.
I am an agency worker and my rights have been breached.
If you are an agency worker and you believe that your rights have been breached, you should make a claim within 3 months. As we are a firm of experienced employment law solicitors, may be able to help you with your case. Please contact us for further advice on 0800 612 9509, or complete our contact form at the bottom of this page.
If you would like to learn more about employment law, please follow this link to read our free reference guide that gives a brief overview of the most common areas of employment law.