Your rights from day one, equal treatment after 12 weeks, the pay-between-assignments exception, and how to claim in Northern Ireland.
Describe what has happened. The checker answers only from this guide, plus what you tell it, and says so if something is not covered.
Check My Situation →Agency workers in Northern Ireland who want to know which rights they have from day one, and when and how they get the same pay and conditions as staff hired directly.
From the first day of your assignment you are entitled to access to collective facilities and amenities provided by your hirer, and information on job vacancies with the hirer. Facilities can include a canteen, a workplace crèche, transport services, toilets and showers, a staff common room, car parking and food and drinks machines.
The hirer can only refuse access to facilities where it can objectively justify it. You are only entitled to see vacancies in the establishment where you work.
After 12 weeks in the same job with the same hirer, you are entitled to the same basic terms and conditions as if you had been recruited directly. These include basic pay, including holiday pay, overtime and bonuses linked to your performance; duration of working time; annual leave; night work; rest breaks and rest periods; and paid time off for antenatal appointments.
If your agency offers you a permanent contract and pays you between assignments (sometimes called Swedish derogation) and you agree to this, you will not be entitled to equal treatment on pay.
Talk to the hirer or agency first. You can ask the hirer in writing for information about your day one rights at any time after your assignment starts. The hirer has 28 days to reply.
After the 12 weeks, you can ask your agency in writing for information if you think you are not getting equal treatment. A tribunal may look unfavourably on a request for information that was not answered.
If it is unclear who is responsible, you might claim against everyone involved, such as the hirer, the agency or an umbrella company. If your claim succeeds, you will be compensated for loss caused by the breach, including expenses and loss of earnings.
You are usually considered to be a worker rather than an employee. Workers who are not employees cannot claim unfair dismissal.
Before most claims you must notify the Labour Relations Agency (LRA). Early conciliation through the LRA is free. You can't go to a tribunal without at least considering it, unless you are exempt.
If you notify the LRA within your time limit, the clock stops for up to 1 calendar month while conciliation takes place, plus up to 14 more days if both sides agree.
Labour Relations Agency (LRA): 03300 555 300. Early conciliation, and free, confidential and impartial advice on employment rights. The LRA does not advise on whether your own claim will succeed.
Free advice is also available from your trade union if you have one.
Advice NI: 0800 915 4604
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