ACAS have published new guidance after it was revealed that one in four agency workers who called ACAS’ helpline are paid incorrectly.

Agency workers raised issues surrounding delays in being paid by agencies, not being paid at all, or being paid incorrectly.

The conversations that ACAS staff have with agency workers demonstrate that agency workers are unaware of their rights and are therefore unable to enforce action where their rights have been breached.

The published guidance is to inform agency workers about the benefits of becoming an agency worker and their fundamental rights. Agencies should read the guidance carefully to ensure that they provide the correct rights to avoid possible tribunal proceedings.

ACAS guidance highlights three ’tips’ for agency workers:

  1. Agency workers have a right to employment income, regardless of whether the agency has received payment from the employer i.e. end user.
  2. Agency workers should know their employment status in order to understand what rights they are entitled to.
  3. After a 12 week qualifying period a worker should receive the same pay as those directly employed.

To view ACAS’ publication regarding their revelation, click here.

To view the full ACAS guidance on ‘Agency workers’, click here.

Aspire Comment

ACAS’ new guidance compliments Mathew Taylor’s review of modern employment practices as many of the consultations surround the theme of transparency for workers, and in particular agency workers.

If Government recommendations following the Taylor review are implemented, it would have a huge administration impact for both agencies and contracting intermediaries. See our news item on these recommendations here.

Minden U.K. Limited use Aspire Business Partnership LLP. This firm provide Minden U.K. Ltd with practical and commercially sound advice in relation to all aspects of compliance, business strategy and conflict resolution. Original article can be found on Aspire’s website: