As an agency worker, am I entitled to the same bonus payments as directly employed staff?

It depends on the nature of the bonus payment. Under the Agency Worker Regulations 2010 (AWR), an agency worker who completes the 12-week qualifying period will have the right to the same pay as if they had been recruited directly by the hirer to do the same job. Under the Regulations, 'pay' includes bonuses based on individual performance (for example, sales commissions and performance-related pay) but does not include bonuses which are not connected to an individual's performance and which reward loyalty or length of service.

If you are unsure about your entitlement, speak to your union (or an advice agency if you are not a union member).

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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