Following the introduction of the Agency Workers Regulations, agency workers have the right to certain equalities of terms with permanent staff of the hirer. An Employment Tribunal recently awarded £10,000 to an agency worker. In this case the hirer (not the agency) was liable to pay compensation to the agency worker for failing to pay her at the rate she would have been paid had she been recruited by the hirer direct as an employee. It is rare for such cases to make the news but whilst it is only a first instance decision of the Tribunal, it is a salutary reminder of the consequences of hiring agency staff on a longer term basis but not abiding by the Regulations.
Hirers should regularly review all agency workers to ensure that they are complying with the Regulations.
Written by Laura Warrender
14th October 2014