If you think you have not received your rights under the Agency Worker Regulations you can make a claim to the Employment Tribunal. You should always seek advice from your union, the ACAS Helpline or other advice agency before making a claim to an Employment Tribunal as they will be able to advise on your specific situation and may be able to resolve the matter at that stage. As with most statutory rights, there is a 3 months time limit for claims to an Employment Tribunal.
Where an Employment Tribunal finds that your rights under the Agency Worker Regulations have breached they will make a declaration and award a minimum of 2 weeks’ pay. If you successfully demonstrate that the anti-avoidance measures have been breached the Tribunal will be able to award up to £5000 compensation.
Before making a claim you may also find it helpful to seek a written statement from the hirer or agency about your treatment. If your complaint relates to less favourable treatment in relation to collective facilities or not being provided with information about vacancies in the hirer’s organisation you can write to the hirer asking for a written statement. The hirer must reply in writing within 28 days outlining all relevant information about the rights of a comparable worker or employee and providing reasons for the different treatment of agency workers. The hirer may be able to objectively justify the different treatment of agency workers.
If your complaint relates to equal treatment on pay, holidays or working time entitlements, you should write first to the agency. Note you cannot make a request until you have completed the 12 week qualifying period.
The agency has 28 days to respond in writing confirming:
If you do not receive a written response within 30 days of making the request, you can write to the hirer directly and request the same information from them. The hirer has 28 days to respond from the date they received your request.
