Yes. The terms and conditions on which it is agreed that an agency will undertake to find work for you must be confirmed in writing before any such services are undertaken. This requirement applies whether the agency is seeking temporary placements for you or is seeking to find you a permanent appointment.
Once terms have been agreed and confirmed in writing, they should not be changed unless you agree to it. Any agreed changes must also be confirmed in writing within five working days following the day on which the changes were agreed.
Where an agency is finding temporary assignments for you as a temporary worker, the written agreement must cover:
- whether you are classed as an employee of the agency or a worker who is contracted for services;
- an explicit term stating that you will be paid for all work carried out;
- the length of notice which you are required to give, and entitled to receive, in order to terminate the contract;
- the rate of pay that will be paid, or the minimum rate of pay that the agency reasonably expects to achieve for you. This must be at least the hourly National Minimum Wage (NMW) rate;
- whether you will be paid weekly or monthly; and
- the amount of paid leave that will be given. Under the Working Time Regulations 1998 (WTR), you are entitled to 5.6 weeks holiday pay as a minimum for a full-time worker (reduced pro rata to your hours if you work part-time).
Under the Agency Workers Regulations 2010, agency workers also have the right to the same basic terms and conditions as comparable directly employed workers (after being in their job for 12 continuous weeks).