I am employed by my agency. Am I entitled to the new equal treatment rights on pay, holidays and working time?

If you are an employee of an agency, and have a right to be paid between assignments where the agency is unable to find work for you, you will not be entitled to equal pay, even where you have worked for more than 12 weeks in the same role for the same hirer.    

In order for this exemption to apply:

• You must have a contract of employment with the agency.
• You must not be employed on a fixed term contract.
• You must have a contract which includes terms on the following: the minimum pay rates you will receive; the location(s) where you will be expected to work; your expected hours of work during any assignment; the maximum hours you will be expected to work on an assignment; the minimum hours the agency will guarantee you while on assignment (which must be at least one hour);  and the type of work you will be expected to undertake.
• You must be paid by the agency between assignments.  This must be at least 50% of the pay you received on your last assignment or the national minimum wage rate for the hours you worked on the last assignment, whichever is the greater.

The agency must also try to find and offer suitable assignments to you when you are between assignments and not working. Your contract cannot be terminated until there has been an aggregate of at least four calendar weeks between assignments when you were not working but were paid by the agency.

This exemption from equal treatment only applies to pay.  You will be entitled to all other equal treatment rights including on holidays, working time and access to hirer’s collective facilities and information about permanent vacancies with the hirer.