On completion of the 12 week qualifying period, as an agency worker you will be entitled to equal treatment in respect of basic working and employment conditions relating to:

  • pay

  • duration of working time

  • night work

  • rest periods

  • rest breaks

  • annual leave

Equal pay will include:

  • basic salary

  • bonuses or commission payments related to the quantity and quality of work carried out by you

  • shift allowance

  • overtime payments

  • holiday pay and

  • vouchers (e.g. luncheon vouchers, providing they have a fixed monetary value and are not part of a salary sacrifice scheme).

Equal pay does not include:

  • benefits in kind

  • vouchers which are a salary sacrifice arrangement between an employer and an employee

  • pension payments (temporary workers will be entitled to a pension under separate legislation due to come into effect in 2012)

  • vouchers which are a salary sacrifice arrangement between an employer and an employee

  • occupational sick pay

  • redundancy pay

  • notice pay

  • advances and loans

  • share and option schemes

  • maternity, paternity and adoption pay (over and above the statutory entitlement)
  • loyalty bonuses or any bonus payments which are not directly attributable to the amount or quality of the work performed by you

  • guarantee payments

  • expenses and

  • health/life insurance

Holiday entitlement – As an agency worker you are already entitled to the statutory leave entitlement of 28 days (pro-rata’d). If you qualify for equal treatment you will also be entitled to any additional holiday entitlement the hirer provides to direct recruits. The Department of Business, Innovation and Skills have advised agencies that this additional entitlement can be rolled up and paid in lieu of taking the time off, as long as the amount paid is set out clearly and separately on your pay slip.