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Day One Rights for Agency Workers

Did you know that Day One rights for agency workers are the hirer’s responsibility?

There are two rights to which agency workers are entitled from the first day of an assignment.

As the hirer you must inform agency workers of existing vacancies within your organisation. You do not have to actively seek out each agency worker and tell them individually of the vacancies but you must ensure that they have the same access to information about vacancies as other workers. This can mean posting a vacancy into a communal area (such as a staff canteen) or on an intranet.

Agency workers will also be entitled to access collective on-site facilities such as crèche and childcare facilities, canteen facilities, car parking and the provision of transport services. However, access to facilities can be refused if there are ‘objective grounds’ for doing so. In practice this means that if there is a waiting list for childcare facilities or a car park space, an agency worker is not automatically entitled to a place but can be subject to the same criteria to access the facility as someone directly recruited by the hirer.

‘Amenities’ such as subsidised gym membership and season ticket loans are out of scope as they are considered to be a reflection of the long term relationship between an employee and a hirer which will not be appropriate for agency workers.

The hirer is solely liable for the Day One rights.