Do Agency Workers Have the Same Stress Protections as Employees?

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Stress at work is more than an unfortunate reality — it is a recognised health and safety hazard under UK law. For many, stress can seriously affect wellbeing, job performance, and longer-term health.

But what about agency workers? Are they covered by the same workplace stress protections as https://dlf-ne.org/how-do-i-plan-for-one-month-off-work-if-i-am-freelance-in-brighton/ direct employees? When an employer carries out a stress risk assessment, Click here does it include agency staff as well? This post explores these important questions, explaining the health and safety duty employers owe, the role of the Health and Safety Executive’s (HSE) Management Standards, and how the Equality Act 2010 intersects with stress and disability rights at work.

Stress at Work: More Than Just a Personal Resilience Issue

Despite the common phrase “personal resilience”, stress experienced at work is often caused by identifiable workplace hazards—such as excessive workloads, poor management, unclear roles, and bullying. The HSE defines work-related stress as “the adverse reaction people have to excessive pressures or other types of demand placed on them.”

Crucially, stress caused or made worse by work falls within the scope of an employer’s health and safety duty. It is not just a personal failing or individual issue to be overcome by “a stiff upper lip”. When an organisation ignores employee stress risks, it can lead to:

Increased sickness absence
Lower productivity and morale
Higher turnover
Legal claims—for example, under health and safety or employment discrimination laws

What Are the Employer’s Duties Regarding Stress?

The Health and Safety at Work etc. Act 1974 (HSWA 1974) requires employers to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all their workers. This includes protection from harmful work-related stress.

The HSE’s Management Standards for Work-Related Stress provide a comprehensive, practical framework to guide employers. The six key hazard areas identified by the Standards are:

Demands (workload, work patterns, environment)
Control (how much say a person has over their work)
Support (from managers and colleagues)
Relationships (positive working to avoid conflict and bullying)
Role (whether people understand their role and responsibilities)
Change (how organisational changes are managed and communicated)

Employers are encouraged to use these Standards to carry out stress risk assessments and implement measures to reduce identified risks.

Are Agency Workers Covered for Stress Protection?

Agency workers—sometimes called temporary or contingent workers—are individuals who provide their labour through an agency but work under the supervision and direction of a client company.

Legally, agency workers are covered by an employer’s health and safety duty in the workplace where they perform their duties. The relevant law here includes:

Health and Safety at Work etc. Act 1974 — includes a duty towards “workers” not just employees
Management of Health and Safety at Work Regulations 1999 — requires risk assessments for all workers, including agency workers
Agency Workers Regulations 2010 — grants agency workers equal access to collective facilities and basic working conditions, but does not diminish health and safety rights

In practice, this means the client organisation where the agency worker is placed must include them in the workplace stress risk assessment and manage their risks exactly as for direct employees. The HSE explicitly states:

“It is the responsibility of the organisation controlling the workplace to ensure the health and safety of all persons who are on their premises — including agency workers.”

Neither agency workers nor employers should be left wondering who manages stress risk. The duty sits firmly with the organisation controlling the work environment and tasks.

How Should Stress Risk Assessments Be Carried Out for Agency Workers?

A proper assessment is not just ticking boxes but a detailed review of the six Management Standards factors described above. To be effective for agency workers, it should:

Include agency workers in surveys, risk assessments, and consultation activities
Ensure their workload, role clarity, and support levels are monitored and adjusted if stress risks are identified
Provide access to appropriate mental health and wellbeing resources
Involve both the agency and client organisation in communication and coordination to address identified risks
Recognise that agency workers might face additional stress factors such as job insecurity, unclear employment terms, or feeling less supported

For micro-businesses or small employers without HR departments, the practical approach is to keep a clear record of the risk assessment that covers every worker on-site, including agency staff. This can be a simple written checklist incorporating the six HSE hazard areas, plus a plan for regular review.

Stress, Disability, and the Equality Act 2010

Stress can sometimes develop into an illness or condition which qualifies as a disability under the Equality Act 2010. For example, if stress causes or contributes to a mental health condition that has a substantial and long-term adverse effect on normal day-to-day activities.

If an agency worker has such a disability caused or exacerbated by work-related stress, both the agency and the client organisation have legal duties to:

Make reasonable adjustments to the working environment and conditions
Avoid discrimination or harassment connected to the disability
Take steps to prevent further harm, including reviewing stress hazards and mitigating risk more urgently

The practical consequence is that stress protections, including health and safety actions and reasonable adjustments, must apply fully for disabled agency workers as well.

Summary: Key Points On Agency Workers and Stress Protections

Topic What the Law Says Practical Implication Health and Safety Duty Applies to all workers on site, including agency workers (HSWA 1974, MHSWR 1999) Include agency workers in all workplace stress risk assessments Stress Risk Assessment HSE Management Standards provide benchmark for comprehensive risk assessment Collate data from agency workers; review demands, control, support, relationships, role, change Agency Worker Regulations 2010 Gives rights to equal treatment re. basic working conditions but does not lessen H&S duties Client employers and agencies must communicate and jointly manage stress risks Equality Act and Disability Disability includes conditions caused by stress with substantial and long-term effects Reasonable adjustments must be made; discrimination prevented for agency workers with stress-related disabilities

What To Do If You Are an Agency Worker Concerned About Stress?

If you feel that work is causing you stress and your employer is not taking steps to protect you, here are some steps you can take:

Make a clear note of specific stressors in your workplace (for example, workload, lack of support)
Raise these concerns with your agency and the client company, preferably in writing—use a checklist approach to clearly outline issues
Request to be included in any stress risk assessments or wellbeing initiatives
If you have a diagnosed disability linked to stress, request reasonable adjustments under the Equality Act 2010
Seek external advice from organisations like ACAS or your trade union

Conclusion

Agency workers are covered by the same health and safety duty regarding work-related stress as direct employees. The organisation responsible for the workplace must include agency workers in comprehensive stress risk assessments based on HSE Management Standards. Stress is a health and safety hazard that requires rigorous, documented assessment and action — it is not a “personal resilience” issue.

For small employers or those without HR, this means proactively checking that everyone on-site—agency workers included—is assessed, supported, and protected. For agency workers themselves, understanding these rights means you can insist on proper stress protections rather than accepting inadequate or “hand-wavy” wellbeing talk.

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Remember: stress risk assessments and wellbeing plans that exclude agency workers fall short of legal duties and good practice. Everyone deserves a safe, supportive workplace.

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