Are you an agency worker in health and social care? Do you know your rights?

Working through an agency can give you flexibility over when and where you work. You might pick up extra shifts around another job, fit work around family commitments or choose assignments that suit your experience and availability.

However, do you know what you should be paid? what happens if a shift is cancelled? are you entitled to paid holiday, and what should you do if your wages are incorrect?

Navigating employment rights, tax rules, visa restrictions and agency agreements can be confusing, particularly when you work across different care homes, hospitals or supported living services.

This guide explains the main rights and responsibilities you should understand when working as an agency worker in the UK, including where to go if you need further advice.

 

1. Are you being paid correctly?

Your pay should be clearly explained before you start working. Your agency should tell you your hourly rate, when you will be paid and how your earnings are calculated.

From 1 April 2026, the National Minimum Wage rates in the UK are:

• £12.71 per hour for workers aged 21 and over.
• £10.85 per hour for workers aged 18 to 20.
• £8.00 per hour for workers aged 16 to 17.
• £8.00 per hour for eligible apprentices under the apprentice rate.

These are legal minimum rates. Your agreed hourly rate may be higher depending on the role, responsibilities, location and shift.

Your agency is responsible for ensuring that you receive the pay you are legally entitled to. You should also receive a payslip showing your earnings and applicable deductions.

What should you check on your payslip?

When your wages arrive, take a moment to check that everything adds up. This is particularly useful if you have worked several shifts, covered different services or worked a mixture of days, evenings and nights.

Check that:

• The hours paid match your approved timesheets
• Your hourly rate is correct
• Any agreed overtime, night shift or weekend rates have been applied
• Holiday pay is shown correctly
• Tax, National Insurance and other deductions are accurate
• Your wages have arrived on the expected date

If something does not look right, contact your agency’s payroll team and explain what you believe is incorrect. Keep copies of your timesheets, payslips and relevant messages so you can refer to them if needed.

Can an agency withhold your wages because a client is unhappy?

An agency cannot simply refuse to pay wages you are legally owed because a client has raised a complaint. If there is a concern about a shift, the agency may need to investigate, but this does not automatically remove your entitlement to payment for work completed.

If your wages have been withheld, ask for a written explanation of the reason and a breakdown of the amount in question.

 

2. Are you entitled to paid holiday as an agency worker?

Yes. Agency workers are generally entitled to paid annual leave from the beginning of their employment, although the way your entitlement is calculated depends on your working arrangement.

Most workers are entitled to a statutory minimum of 5.6 weeks of paid holiday a year. If you work irregular hours or only during certain parts of the year, different calculation rules may apply.

For eligible irregular-hours and part-year workers, holiday entitlement may accrue at 12.07% of hours worked. Rolled-up holiday pay may also be used for eligible workers, provided the relevant rules are followed.

How is your holiday pay calculated?

The answer depends on how your agency employs and pays you.

Your holiday pay may be paid when you take annual leave, or it may be included separately in your regular pay where rolled-up holiday pay is permitted.

If you are unsure which arrangement applies to you, ask your agency:

• How much holiday have I accrued?
• How is my holiday entitlement calculated?
• Is holiday pay included in my regular pay or paid when I take leave?
• How do I request time off?
• What happens to any unused holiday when my employment ends?

Check your payslip and holiday records rather than assuming that your hourly rate already includes holiday pay.

Remember, holiday pay is separate from the wages you earn for the hours you have worked. If you believe your entitlement has been calculated incorrectly, request a breakdown from payroll.

 

3. What rights do you have from your first day?

You do not have to complete 12 weeks of agency work before you receive basic employment protections.

From the beginning of an assignment, agency workers have certain rights, including access to shared facilities at the organisation where they work and information about relevant vacancies.

Can you use the same facilities as permanent staff?

In general, agency workers should have access to shared facilities and amenities on the same basis as comparable directly recruited workers, subject to the applicable rules.

Depending on the workplace, this might include a staff canteen or parking arrangements.

You should also receive information about relevant job vacancies within the organisation.

What about health and safety?

Whether you are working your first shift or have been with a service for months, you should have the information and support needed to carry out your duties safely.

In health and social care, this may include understanding:

• Fire procedures and emergency arrangements
• Infection prevention and control
• Moving and handling procedures
• Safeguarding responsibilities
• Relevant care plans and individual support need
• How to report accidents, incidents and concerns

You should not be expected to carry out tasks you are not trained, competent or authorised to perform. If you are unsure about a task, speak to the appropriate senior member of staff before proceeding.

If you notice an unsafe situation, follow the service’s reporting procedure and inform your agency where appropriate.

 

4. Have you worked at the same service for 12 weeks?

If you have been working in the same job with the same hiring organisation for 12 qualifying weeks, you may be entitled to additional rights under the Agency Workers Regulations 2010.

This is known as the right to equal treatment.

Once you complete the qualifying period, you are generally entitled to the same basic working and employment conditions you would have received if you had been recruited directly to do the same job.

This can include:

• Basic pay
• Overtime pay, where applicable
• Shift allowances and certain other pay-related benefits
• Working time arrangements
• Rest periods and rest breaks
• Annual leave entitlement

The comparison is with a relevant directly recruited worker doing the same job, taking the applicable terms and conditions into account.

Does the 12-week period mean 12 weeks of shifts?

Not necessarily. The qualifying period is based on calendar weeks in the same job with the same hirer, rather than simply counting the number of shifts you complete.

Some breaks pause the qualifying period, while others may mean the period starts again. Certain types of leave have their own rules, so a gap between assignments does not always mean that you lose the time already accumulated.

If you regularly work at the same care home, hospital or supported living service, keep a record of your assignment dates and roles.

If you believe you have completed the qualifying period, ask your agency how your pay and working conditions have been assessed. Not every benefit available to a directly employed worker is covered by the equal-treatment rules, so the specific terms matter.

 

5. What happens if your shift is cancelled?

Agency work can involve changes at short notice. A service may no longer need cover, a shift may be shortened or a booking may be cancelled before you arrive.

But what does this mean for your pay?

The answer depends on your agency agreement, assignment terms and the circumstances of the cancellation.

Before accepting shifts, make sure you understand the arrangements for cancellations, reporting hours and submitting timesheets.

If a shift is cancelled at short notice, contact your agency to establish whether any cancellation payment applies. If you have already worked part of the shift, keep a record of the hours completed and ask how these will be paid.

 

What if your timesheet has not been approved?

Timesheets are often used to confirm the hours worked and process payment. Some services require a manager, team leader or another authorised member of staff to approve them.

Follow the agreed procedure and keep a copy of your submission.

If the appropriate person is unavailable to approve your hours, contact your agency promptly rather than allowing the issue to carry over into the next payroll period.

If your payment is delayed, ask for confirmation of the hours received, what remains outstanding and the expected payment date.

Keeping your own records can help resolve problems more quickly.

 

6. Do you understand your tax and National Insurance deductions?

Your take-home pay depends on your earnings, tax position and employment arrangement.

You may be paid directly through an agency’s payroll or through an umbrella company, depending on the arrangement you have agreed to. Before starting work, make sure you understand who employs you, who pays you and how your deductions are calculated.

 

What should you look for on your payslip?

Your payslip may show deductions for:

• Income Tax
• National Insurance contributions
• Pension contributions, where applicable
• Other authorised deductions

If you use an umbrella company, ask for a clear breakdown showing the assignment rate, any employer costs deducted before your gross pay is calculated, your gross pay and the deductions taken from it.

The assignment rate quoted to a recruitment agency is not necessarily the same as your gross hourly wage.

 

Why might your deductions change from one pay period to another?

Your take-home pay can vary if you work different hours, receive delayed wages or receive more than one period’s earnings in a single payment.

For example, if wages from a previous pay period are delayed and paid alongside your latest earnings, you may notice a difference in the deductions shown on your payslip.

Ask payroll to explain how the earnings have been reported and how the deductions were calculated. Income Tax and National Insurance do not always work in the same way, so a higher deduction in one pay period does not automatically mean an error has occurred.

You can check your tax position through HMRC if you believe your tax code, reported earnings or deductions are incorrect.

Keep your payslips and P60s, where issued, so you can check your records if a query arises.

 

7. Are you allowed to work agency shifts on your visa?

If you have immigration permission to work in the UK, it is important to understand the conditions attached to your particular visa before accepting agency assignments.

Your employment rights and your permission to work are separate matters. Having employment rights does not mean that every type of assignment or working arrangement is permitted under your visa.

 

What if you have a Skilled Worker visa?

If you hold a Skilled Worker visa, your permission is linked to the conditions of your sponsored employment.

You may be able to undertake additional work for up to 20 hours per week, provided the work meets the relevant immigration rules and takes place outside your contracted hours with your sponsor. The permitted type of additional work depends on your occupation and the rules that apply to your visa.

Some workers may need to update their visa permission before taking on additional employment beyond the permitted limits.

Do not assume that every agency shift in health and social care is allowed simply because it is in the same broad industry as your main job. Check your occupation code, the nature of the additional work and your current immigration conditions.

 

What if you have a Student visa?

Student visa holders may have restrictions on the hours and type of work they can undertake.

Depending on the course and the conditions of your permission, the limit during term time may be 10 or 20 hours per week. Some students are allowed to work full-time during official vacation periods, while others have different restrictions.

The limit generally applies across all jobs, not separately to each employer. You should therefore count your total working hours across agency assignments and any other employment.

Check your visa conditions and the official guidance before accepting shifts, particularly if you have several employers or your course has a placement or vacation period.

 

Can you work freely on a Graduate or Youth Mobility Scheme visa?

People with Graduate or Youth Mobility Scheme permission generally have broader work rights than those on sponsored or Student routes, subject to the conditions of their specific permission.

However, you should still check your own immigration status rather than relying on the name of a visa alone. Some immigration routes have restrictions on particular types of work or business activity.

 

What is a right-to-work share code?

Before you start work, your agency will need to complete the appropriate right-to-work checks. Depending on your immigration status, this may involve using an online share code and checking your immigration status.

Make sure the information you provide is current and that any restrictions on your permission are understood before you accept an assignment.

If you are unsure whether a shift is permitted, seek advice before working it. A breach of visa conditions can have consequences for your immigration status.

For official guidance, visit GOV.UK: UK Visas and Immigration.

 

8. What should you do if your agency gets something wrong?

If you have a concern about your pay, holiday entitlement, working conditions or treatment during an assignment, it is usually sensible to raise it promptly.

Start by contacting your agency and explaining what has happened. Include dates, shift details, timesheets, payslips or relevant messages where possible. Ask for a written explanation and keep a copy of the response.

If the issue concerns something that happened at the care service, follow the service’s reporting procedure as well as informing your agency where appropriate.

 

Where can you get help?

If you cannot resolve the issue directly, there are organisations that can explain your rights and the options available to you.

Acas provides information and advice about employment rights, workplace disputes and employment tribunal procedures.

Website: https://www.acas.org.uk/

GOV.UK provides official guidance on agency worker rights, minimum wage, holiday entitlement, employment agencies and right-to-work requirements.

Website: https://www.gov.uk/agency-workers-your-rights

HMRC can help with questions about Income Tax, National Insurance, tax codes and reported earnings.

Website: https://www.gov.uk/contact-hmrc

Citizens Advice offers guidance on employment problems, pay disputes, deductions and other workplace concerns.

Website: https://www.citizensadvice.org.uk/

If you believe your agency has withheld wages, made an unlawful deduction or failed to provide your legal entitlements, seek advice as soon as possible. Employment tribunal deadlines can be short and depend on the type of claim and the circumstances. Do not assume that raising an internal complaint automatically pauses a legal deadline.

 

9. Are you keeping your own records?

Keeping your own records can make a real difference if you need to query your pay or demonstrate the hours you have worked.

It is useful to retain:

• Your agency agreement and assignment terms
• Shift confirmations and cancellation messages
• Copies of submitted timesheets
• Payslips and bank payment records
• Holiday pay and entitlement information
• Relevant emails or messages about pay queries
• Records of any concerns raised and the responses received

Store your records securely. Avoid keeping confidential information about the people you support on a personal device unless this is permitted under the service’s procedures.

Having this information available can help you explain a problem clearly and provide the details needed to resolve it.

 

10. Where can you turn if you need support?

Working through an agency can offer flexibility and opportunities to gain experience across different care settings. Understanding your rights helps you make informed decisions about the assignments you accept and the way you manage your working arrangements.

If something about your pay, timesheets or assignment terms is unclear, ask questions rather than leaving the issue unresolved. Keep your own records, check official guidance when your circumstances change and make sure you understand any restrictions that apply to your work.

At Halo Staffing, we want our workers to feel informed and supported throughout their shifts. If you have a question about your shifts, timesheets, pay or training, contact our team so we can help you understand the relevant arrangements.

Contact us on 0800 368 9644 or email [email protected]

Finance queries: [email protected]

Shift queries: [email protected]

 

Useful links for agency workers

• Agency workers’ rights
• National Minimum Wage rates
• Holiday entitlement and holiday pay
• Skilled Worker visa: second jobs
• Acas employment advice