Taking on staff - the options

Taking on agency workers

Using agency staff can be ideal, especially when you need emergency temporary cover. One potential drawback is that it costs more than employing a temporary staff member directly. However, a big benefit is that all of the administration is handled by the agency.

The business usually pays the agency and the agency pays the worker. The rate will include National Insurance payments, holiday pay and sick pay, as well as an administration fee and profit margin.

It is the agency's responsibility to meet requirements such as paying the worker at least the national minimum wage, but do some research to ensure you are happy with the agency's reputation. Any poor experience the worker has - such as not getting paid on time or the right amount - could reflect badly on your business.

By law, employment agencies must comply with the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005. These regulations stop them, for example, from charging workers fees for finding jobs. They must also ensure a worker has any qualifications legally required to do the work. Read guidance on the conduct of employment agencies regulations on the Department for Employment and Learning (DEL) website - Opens in a new window.

Even though agency staff do not work directly for you, you are still responsible for their health and safety. In fact, they are likely to be at greater risk because they don't know the business well. See our guide on agency workers' health and safety for more information. Find out about health and safety for the workplace on the Health and Safety Executive for Northern Ireland (HSENI) website - Opens in a new window.

You must also comply with rules such as the Working Time Regulations and ensure temporary employees get the rest periods they are entitled to. See our guide on hours, rest breaks and the working week.

Subjects covered in this guide

• Introduction
• Recruiting new staff
• The best ways to take on extra people
• Full-time or part-time employees
• Fixed-term contracts
• Taking on agency workers
• Freelancers and outside contractors
• Directors and managers
• Here's how I used the My Business tool to help grow my business

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