Can I Claim Unfair Dismissal as an Agency Worker?

It depends on your employment status. Agency workers are usually workers (not employees), which means no unfair dismissal right — but you have significant rights including equal treatment after 12 weeks, holiday pay, minimum wage, and full discrimination protection.

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What if an assignment ended suddenly?

Sudden ending of an assignment is not technically a dismissal — the assignment simply ended. However, if you are an employee of the agency (not just placed), you may have been constructively or unfairly dismissed. If you are a worker, you have rights under the Agency Workers Regulations 2010 (equal treatment), but not unfair dismissal. Get urgent advice if the ending was related to discrimination or whistleblowing.

What if I was discriminated against by the hirer, not the agency?

You can claim discrimination against EITHER the agency (your employer) OR the hirer (who controlled the work). The Equality Act applies to both. If the hirer discriminated you on grounds of race, sex, disability, etc., you can bring a discrimination claim. The agency is still your employer, but the hirer can be liable if their conduct was discriminatory.

Can I claim equal pay as an agency worker?

Yes, under the Agency Workers Regulations 2010. After 12 weeks in the same role with the same hirer, you are entitled to the same basic working and employment conditions, including pay. If a comparable direct employee doing the same work was paid more, you can claim equal pay for agency workers. The comparator must be doing broadly the same work.

What if I worked through an umbrella company?

An umbrella company is an intermediary for tax and payroll purposes. The actual employment relationship is between you and the agency or client (through the umbrella). Your employment rights depend on your true employment status with the agency, not the umbrella structure. Umbrella companies cannot strip you of rights. The same employment law applies.

What if an assignment ended after a pregnancy announcement?

If your assignment ended after you announced pregnancy or maternity, that is potentially discrimination and victimisation. Ending an assignment for pregnancy-related reasons is automatically unfair and discriminatory. You can claim discrimination against the hirer and/or the agency. This is a protected ground and carries a high burden on the employer to justify.

How does the 12-week qualifying period work for equal treatment?

After 12 consecutive weeks in the same role with the same hirer (the role and hirer must not change significantly), you are entitled to equal treatment. Breaks in the assignment reset the clock — if you have a gap of a week or more, the 12 weeks starts again. Once the 12 weeks is complete, equal treatment rights apply from that point forward. Track your 12-week start date carefully.

Can I Claim Unfair Dismissal as an Agency Worker?

Most agency workers have more protections than they realise. Even without unfair dismissal rights, you may have strong claims under the Agency Workers Regulations 2010 and discrimination law.

Last updated: April 2026 · Content reviewed against current UK employment law

Agency Worker vs Employee vs Worker

The three-way distinction matters because it determines your rights:

Agency Worker (typical)

Usually employed by the agency as a worker (not employee). You have a contract with the agency; the agency places you with different hirers. You do not work directly for the hirer.

No unfair dismissal right. Has: minimum wage, holiday pay, discrimination rights, Agency Workers Regulations equal treatment (after 12 weeks).

Employee Agency Worker (rare)

If the agency places you long-term, provides no genuine substitution right, and you have set hours and exclusive commitment, you may be an employee of the agency.

Unfair dismissal right. Has all rights above plus redundancy and wrongful dismissal.

Hirer's Employee (rare)

In exceptional cases, the hirer becomes your employer directly (you are taken on as an employee of the hirer, not the agency).

Full employee rights including unfair dismissal. However, agency still has contractual relationship.

The Agency Workers Regulations 2010: Equal Treatment After 12 Weeks

This is the key protection for agency workers. After 12 weeks in the same role with the same hirer, you are entitled to basic working and employment conditions equal to comparable direct employees:

You must receive the same basic pay as a comparable direct employee doing broadly the same work. If a direct employee in the same role earns £15/hour and you earn £12/hour, you can claim equal pay for agency workers.

Your working hours must reflect those of a comparable employee (same shift pattern, same hours per week).

You are entitled to the same rest breaks and rest days as comparable employees.

5.6 weeks' paid annual leave per year (or pro-rata). This is minimum — you may be entitled to more if the hirer's employees get more.

Access to facilities

Same access to on-site facilities as direct employees (canteen, toilets, rest areas, training).

This runs from your first day in the same role with the same hirer. If you take a break of a week or more, the clock resets. Once 12 weeks is complete, equal treatment rights apply immediately.

Unfair Dismissal: Limited Rights as Agency Worker

Here's the honest truth about unfair dismissal claims as an agency worker:

Against the hirer (agency's client)

You cannot claim unfair dismissal against the hirer because you don't work for them. The hirer is not your employer. Ending an assignment by the hirer is not a dismissal in law.

Against the agency (your employer)

You can claim unfair dismissal against the agency, but only if you are an employee of the agency (2+ years' service). Most agency workers are workers, not employees, so this claim is usually unavailable.

Claims That ARE Available to Agency Workers

Even without unfair dismissal, you have real protections:

No qualifying period. You can claim against the agency and/or the hirer if you were treated badly because of a protected characteristic (race, sex, disability, age, religion, sexual orientation, gender reassignment, pregnancy, maternity).

Whistleblowing detriment

If an assignment ended because you raised a health and safety or public interest concern, that's whistleblowing detriment and is unlawful.

You must receive at least the national minimum wage for your age and hours worked.

5.6 weeks' paid annual leave or pro-rata if part-time. This applies to all workers.

Agency Workers Regulations breach

If after 12 weeks you were not given equal treatment, you can claim breach of the Regulations.

Unlawful deduction from wages

Your pay cannot be unlawfully deducted or withheld.

When You Might Actually Be an Employee

In rare cases, an agency worker is actually an employee of the agency or hirer. This depends on the reality of the working relationship:

Signs you may be an employee of the agency:

• • Placed on long-term assignment with no end date
• • No genuine substitution right (cannot send someone else)
• • Set hours or guaranteed minimum hours
• • Exclusive commitment (cannot work elsewhere)
• • Integrated into the workplace as a permanent team member
• • Receiving training and development like employees

If you think you're an employee:

Take legal advice. Being classified as an employee instead of a worker would give you unfair dismissal rights (after 2 years). This can be a strong argument if the reality of the relationship looks employee-like despite the agency label.

• Assignment start date:
• Marks the beginning of the 12-week clock for equal treatment.
• After this date, you have equal treatment rights.
• Assignment end date:
• When your assignment ended. This is your clock for other claims (discrimination, whistleblowing).
• 3 months from assignment end:
• Deadline to bring claims to tribunal (with ACAS early conciliation first).

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Equality Act 2010 s.5

Agency Workers Regs 2010

Employment Rights Act 1996