Agency Workers in Northern Ireland

Who this guide is for

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.

What this guide does not cover

• Work in England, Wales or Scotland: see the England, Wales and Scotland guide.
• The minimum wage: use the minimum wage checker. Refusing unsafe work: use the health and safety checker. Reporting wrongdoing: use the whistleblowing checker.
• Whether you are an employee, a worker or self-employed: use the worker or self-employed checker.
• Umbrella companies, tax, fees an agency can charge a hirer, complaints about an agency's conduct, and exactly which breaks pause or restart the 12 weeks. This guide does not cover these: ask the Labour Relations Agency (LRA).

The questions that decide the answer

1. Have you done 12 weeks in the same job with the same hirer? If yes, equal treatment applies. If not, you have the day one rights only.
2. Have there been breaks, or a change of job? Breaks can count towards the 12 weeks, pause them, or start them again. Ask the LRA if you are not sure.
3. Did you agree to be paid between assignments? If yes, equal treatment on pay does not apply.
4. Is there a comparable worker? Equal treatment is measured against someone doing the same or broadly similar work. With no comparable worker or employee, there is no entitlement to equal treatment.

"What do I get from day one?"

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.

"Do I get the same pay after 12 weeks?"

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.

"I'm not getting my rights"

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.

"Who checks my right to work?"

Who has to check depends on your contract with the agency. The firm you are placed with does not have to check you. If you are on an employment contract with the agency, the agency must check your right to work before you start. If you are on a contract for services (a worker's contract), the agency only has to check you if you started on or after 1 October 2026. If you started before then, the law does not require a check, but they can still choose to. If you are not sure which contract you have, ask the agency.

• If you have an eVisa, the only way to prove your right to work is online: you give them a share code starting with W (it lasts 90 days) and they check it on GOV.UK. They cannot check your documents by hand instead. An expired Biometric Residence Permit is no longer accepted.
• If you do not have an eVisa, they cannot insist on one way of proving it. If you do not want your identity checked through a digital ID provider, they should check your original documents instead. A check by hand means they see your original documents, with you there in person or on a video call (you can post the originals to them), and keep a copy. They must never ask for your passwords.
• They should check everyone the same way. If you are treated differently because of your race, the Equality Commission for Northern Ireland can help: 028 9050 0600.
• Problems with your online status: UKVI Resolution Centre, 0300 790 6268.

This guide explains the checking rules only. For your own visa or immigration status: GOV.UK, the Home Office or a regulated immigration adviser.

Deadlines you must meet

• An industrial tribunal will not consider a complaint under the agency worker rules unless it is made within 3 months of the breach.
• Most other claims, including unfair dismissal, must be made within 3 months less 1 day.
• Early conciliation: tell the LRA within your time limit. Check your exact date with the LRA.

Traps

• In Northern Ireland, an agreed pay-between-assignments contract still removes equal treatment on pay. Great Britain abolished this in 2020, Northern Ireland did not.
• Equal treatment needs a comparable worker or employee doing the same or broadly similar work.
• A complaint to the tribunal must be made within 3 months of the breach.
• Do not use Great Britain rules here.