Agency Worker Discrimination Protection Rights

Agency workers form a significant part of the UK labour market, often supplying flexible labour through employment agencies to end-user businesses. Although their contractual arrangements differ from permanent employees, agency workers are still protected under UK discrimination law.

The Equality Act 2010 ensures that agency workers are not treated less favourably because of a protected characteristic. In addition, specific regulations provide further rights relating to basic working and employment conditions. Together, these legal frameworks establish important protections against discrimination in agency work arrangements.

This article explains the rights of agency workers, how discrimination can arise, how claims are handled, and what remedies may be available under UK law.

Legal Framework for Agency Worker Protection

Agency workers are protected primarily under:

Equality Act 2010

The Equality Act 2010 prohibits discrimination, harassment, and victimisation on the basis of protected characteristics, including:

• Sex
• Race
• Disability
• Age
• Religion or belief
• Sexual orientation
• Pregnancy and maternity
• Gender reassignment
• Marriage and civil partnership (limited protection)

These protections apply to:

• Employment agencies
• End-user hirers (the companies where the worker is placed)

Agency Workers Regulations 2010

The Agency Workers Regulations 2010 (AWR) provide additional protections, including:

• Equal treatment in basic working conditions after 12 weeks in the same role
• Access to facilities and job vacancies from day one
• Protection from unfair pay disparities (after qualifying period)

However, the AWR does not replace discrimination law; both regimes operate in parallel.

Who Is an Agency Worker?

An agency worker is typically someone who:

• Has a contract with an employment agency
• Is supplied to work temporarily for a third-party hirer
• Works under the supervision of the end-user business

Key parties involved:

• Agency: Employer or intermediary
• Hirer: Organisation where work is performed
• Worker: Individual carrying out the work

Both the agency and hirer may be legally responsible for discrimination.

How Discrimination Affects Agency Workers

Agency workers can experience discrimination in multiple ways across the employment relationship.

1. During assignment allocation

• Being refused assignments due to race, sex, or age
• Stereotyping affecting job placement decisions
• Unequal access to higher-paying roles

2. At the workplace (hirer site)

• Harassment by staff or supervisors
• Exclusion from training or development
• Unequal treatment compared with permanent staff

3. Pay and working conditions

• Disparities linked to protected characteristics
• Unequal shift allocation
• Denial of overtime opportunities

4. Termination of assignment

• Early termination due to discriminatory reasons
• Refusal to reassign based on bias or complaints

Liability: Who Is Responsible?

Both the agency and the hirer can be legally liable.

Employment agency responsibilities

• Must not discriminate when selecting or supplying workers
• Must not follow discriminatory instructions from hirers
• Must ensure fair recruitment practices

Hirer responsibilities

• Must not discriminate during assignment
• Must provide equal access to workplace opportunities
• Must not harass or victimise agency workers

Liability may be shared depending on where the discrimination occurs.

Types of Discrimination Relevant to Agency Workers

Direct discrimination

Less favourable treatment because of a protected characteristic.

Example:

• Refusing to place an agency worker due to their nationality.

Indirect discrimination

A neutral rule that disadvantages certain groups.

Example:

• Requiring full-time availability for all assignments, disproportionately affecting women with childcare responsibilities.

Harassment

Unwanted conduct related to a protected characteristic.

Example:

• Offensive comments made by staff at the host workplace.

Victimisation

Less favourable treatment due to complaints or legal action.

Example:

• Removing an agency worker from assignments after raising a discrimination complaint.

Equal Treatment Rights Under Agency Workers Regulations

After 12 weeks in the same role, agency workers are entitled to equal treatment in:

• Pay (basic pay rates)
• Working time conditions
• Holiday entitlement
• Overtime rates (where applicable)

However, these rights do not override discrimination protections, which apply from day one.

Reasonable Adjustments for Disabled Agency Workers

Under the Equality Act 2010, agencies and hirers must make reasonable adjustments for disabled workers.

Examples include:

• Adjusting working hours or shift patterns
• Providing accessible equipment or software
• Modifying workplace arrangements
• Ensuring accessible induction and training

Failure to make reasonable adjustments may amount to disability discrimination.

How Claims Are Brought

Step 1: Internal resolution

Agency workers may:

• Raise concerns with the agency
• Report issues to the hirer
• Use grievance procedures where available

Step 2: ACAS Early Conciliation

Required before most Employment Tribunal claims.

Step 3: Employment Tribunal claim

Claims may be brought against:

• The agency
• The hirer
• Or both parties jointly

The tribunal will assess:

• Whether discrimination occurred
• Which party is responsible
• Whether compensation is due

Time Limits

Claims must generally be brought within:

• 3 months minus one day from the discriminatory act

This period is paused during ACAS Early Conciliation.

Remedies and Compensation

If a claim succeeds, an Employment Tribunal may award:

• Compensation for financial losses (e.g. lost earnings from assignments)
• Injury to feelings compensation
• Interest on awards
• Recommendations for future conduct (rare)

There is no upper limit on discrimination compensation.

Common Risk Areas for Agencies and Hirers

Recruitment bias

• Filtering candidates based on protected characteristics
• Informal discriminatory preferences from hirers

Workplace conduct

• Lack of integration of agency workers
• Exclusion from training or meetings

Communication failures

• Failure to pass on complaints between agency and hirer
• Lack of clarity over responsibility for conduct

Policy gaps

• No clear anti-discrimination procedures covering agency staff

Common Questions from our Readers

Are agency workers protected from discrimination?

Yes. They are fully protected under the Equality Act 2010.

Can both the agency and hirer be sued?

Yes. Either or both may be liable depending on the circumstances.

Do agency workers get the same pay as employees?

After 12 weeks in the same role, they are entitled to equal pay terms under the Agency Workers Regulations.

What if discrimination happens on-site at the hirer?

The hirer is often directly responsible, but the agency may also share liability.

Key Takeaways

Agency workers in the UK are protected under both the Equality Act 2010 and the Agency Workers Regulations 2010. These laws ensure protection from discrimination, harassment, and victimisation across both the agency and workplace environments.

Key points include:

• Protection applies from day one under equality law
• Both agencies and hirers can be liable
• Discrimination may occur in assignment allocation, workplace treatment, or termination
• Equal treatment rights apply after 12 weeks under AWR
• Claims are brought in the Employment Tribunal with uncapped compensation

Understanding these rights is essential for ensuring fair treatment in temporary and agency work arrangements.