ERA 2025 and agency workers: what changed

Agency workers occupy a specific and sometimes misunderstood position in UK employment law. They are not employees of the business they work at — the hirer — but they are not entirely without rights either. The Agency Workers Regulations 2010 already gave agency workers the right to equal treatment on basic working conditions after 12 weeks of assignment. ERA 2025 extends and adds to those protections in several areas.

The most significant change affecting agency workers under ERA 2025 relates to zero-hours arrangements. Agency workers on arrangements with no guaranteed hours gain the same right as direct workers to request a contract reflecting regular hours after 12 weeks of consistent working. This right applies to the agency — as the employer of record — but the hirer is involved in the practical response, because the working pattern is at the hirer's site.

Shift cancellation compensation also applies to agency workers. If an agency worker is given a confirmed shift by the agency or the hirer and it is cancelled at short notice, they are entitled to compensation for the hours lost. The compensation liability sits with whoever cancelled the shift — typically the agency, but the hirer bears responsibility where cancellation was directed by them.

Third-party harassment protections apply equally to agency workers placed at your site. If an agency worker is harassed by a customer or client while working at your premises, your duty to take reasonable preventive steps applies just as it would for a direct employee. The fact that the worker is employed by the agency does not limit your liability as the hirer.

The right to predictable hours also extends to agency workers in variable arrangements. An agency worker who has been placed in the same role for consistent hours over 12 weeks has a basis for requesting a more settled arrangement, even though the legal mechanism runs through the agency.

For hirers, the practical implications are: treat agency workers with the same procedural care you would apply to employees, document working patterns across your agency workforce, and ensure your contracts with agencies clearly allocate responsibility for compliance — including who pays shift cancellation compensation and how complaints from agency workers about working conditions are handled.

For businesses that rely heavily on agency workers — care homes, logistics businesses, food manufacturing, event staffing — ERA 2025 represents a meaningful increase in obligations. The cost of misunderstanding them can include tribunal claims brought via the agency and reputational damage if working conditions become a matter of public interest.

See our guide on zero hours contracts under ERA 2025 for the regular-hours request framework, and managing contractors alongside employees for the broader picture of a mixed workforce.

Mellow tracks agency worker hours, flags the 12-week threshold, and stores assignment documentation. [See Mellow pricing →](https://mellowhr.com/pricing)