I am registered with two agencies, at the start of the year the agency that I had been using regularly did not find me much work so I contacted the other agency who managed to find me work and for the past 4 weeks, apart from one single shift, I have been working exclusively for one company, I very much enjoy the work and would like to stay with them for the foreseeable future, if I continue with the same company for 12 weeks what will happen? Nothing? Or will I automatically be offered the same terms and conditions as the permanent employees?
Nothing because somewhere you signed an opt out. Then the company will not take you till your X weeks clear of working there as they have a clause in the contract with the agency.
Is all BS but hay ho
As Nick2008 says, a lot of agencies have ways to get out of you qualifying for the same rights as the permanent employees.
It’s complicated, and I understand it, the most common way is to make you work via an umbrella company using the Swedish Derogation.
Which is basically a cop out that the government allows, as it suit big business and therefore themselves! 
cipd.co.uk/pm/peoplemanageme … s-tuc.aspx
I believe the only way YOU as an agency worker can force the situation is to work for the agency PAYE, but again that doesn’t stop them just laying you off, or moving you to another contract before the 12 weeks… Basically you are screwed! 
It all depends on the contract you have with your agency. Do you work PAYE on a contract of service this is now unlikely, Swedish Derogation where you work for the agency with guaranteed hours.
You only need to work 1 hour per week and you can have a 6 week break and still be in the 12 week rule.
Remember pay can go down if there own staff get less than agency.
Yes you can get parity pay and conditions after 12 weeks but it’s not always better I used to get more for doing weekends at agency rates after 12 weeks it stopped and went to the flat rate weekday rate
Thanks for all the replies. 
Evil8Beezle:
As Nick2008 says, a lot of agencies have ways to get out of you qualifying for the same rights as the permanent employees.
It’s complicated, and I understand it, the most common way is to make you work via an umbrella company using the Swedish Derogation.
Which is basically a cop out that the government allows, as it suit big business and therefore themselves!
cipd.co.uk/pm/peoplemanageme … s-tuc.aspx
I believe the only way YOU as an agency worker can force the situation is to work for the agency PAYE, but again that doesn’t stop them just laying you off, or moving you to another contract before the 12 weeks… Basically you are screwed!
Based on the date the article was written it would appear that it is not a high priority issue for the government, shock!
PAYE? Well the funny thing is my agency contacted me and said that the company that I am working for will now only pay on a PAYE basis and due to this I had to sign up to a new payment processing company, however the company I signed up with states that it IS an ‘Umbrella Company’ but I am going to be on PAYE with them 
Although it means a £1 per hour reduction in pay rates across the board my initial reaction to the prospect of going onto PAYE was to be pleased, I originally signed up to the ‘Umbrella’ scheme when I was new to the job and in hindsight perhaps hastily; at the time I had a heck of a lot going off simultaneously getting to grips with redundancy, facing up to a different future and training up for a new career and was probably too trusting and too easily influenced by other peoples suggestions, I belatedly read more into these ‘Umbrella’ schemes and the more I read about them the more uneasy I felt about it, however I am just as confused about this new PAYE via Umbrella set up - is this the standard way that PAYE is done?