The Agency Worker Regulations 2010 were introduced to tackle and reduce the mistreatment and discrimination of agency workers in the workplace and redress the balance in basic terms and conditions, such as pay and holiday entitlement.
From day one of a work assignment, a temporary agency worker has a right to:
- Equal access to facilities provided by the employer (such as canteens, staff rooms, toilet and shower facilities, car parking and transport services); and
- Information about, and the opportunity to apply for, vacancies in the employers workplace.
After 12 weeks (the ‘qualifying period’) in the same role with the same business, temporary agency workers have the right to:
- Equal treatment on pay, holidays and working time; and
- Improved pregnancy rights.
Agency workers hours
Does this stretch to an entitlement to be offered the same number of hours of work as those performed by a permanent employee?
The Court of Appeal in the case of Kocur v Angard Staffing Solutions Limited [2019] EWCA Civ 1185 said not. The Regulations do not entitle agency workers to work the same number of contractual hours as a comparator – this is in line with both the purpose of the Regulations and the EU Directive on which they are based.
The Directive aims to secure equality of treatment of agency staff and permanent employees while at work, and in respect of rights arising from their work, but not the amount of work which agency staff are entitled to be given.
Comment
The Regulations have never been hugely popular with employers, some of whom interpret the rules as restrictive on the very flexibility they are trying to weave in to their business. However, our view is that this decision goes some way to preserve the nature of flexibility associated with temporary agency workers.
How Nelsons can help
For further information or to comment on this article, please contact a member of our Employment Law team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.