The Advisory, Conciliation and Arbitration Service (Acas) has unveiled new guidance on agency workers which was developed with input from the Association of Professional Staffing Companies.

The guidance comes after Acas’ helpline revealed that many agency workers were not aware of their legal rights. Acas stated that at least one in four calls about agency workers to their helpline are about not being paid properly. The workers raised the issue of delays in their wage payments from agencies, of not being paid at all, or not being paid correctly.

"It is clear that there are agency workers who are unsure about their rights at work,” Acas Senior Guidance Adviser, Tom Neil, said. “This can leave them unsure about their entitlements on pay, working hours and time off for holidays and sickness.

"Some agency workers complain about their pay being delayed because the employer has not paid the agency. Agencies should know that workers have a right to receive their wages whether or not the employer has paid the agency,” Neil said. "Our new advice is an easy to understand guide that's designed to explain how the law applies to agency workers now. Our unique insight as conciliators in workplace disputes across the UK has informed the guidance on issues such as holiday pay, pensions, parental rights and joining a trade union."

The new advice provides clarity around the 12-week qualifying period, which allows agency workers to receive the same pay as those directly employed. It recommends that individuals know their employment status, whether that be a worker, an employee or self-employed.  The updated guidance also offers support around working for an umbrella company, pay between assignments and permanent opportunities with the hiring organisation. 

“Acas’ decision to strengthen its guidance around the rights on agency workers is an admirable one, and we at APSCo were only too happy to provide input into the development of the new guidelines when approached,” Samantha Hurley, Director of Operations at APSCo, said. “This new guidance is indicative of a growing trend towards greater transparency across the sector, which we at APSCo wholeheartedly support.”

For the updated guidelines, click here.