This article looks at what the law says about agency workers being classed as employees. They are often referred to as contractors. Who is responsible for my safety as an agency worker? I work through an agency. Generally the end user will have entered into a separate agreement for services with the agency. The work carried out by the agency worker. The only way to be certain about your employment status is to look at your contract terms. Other agency workers are permanent employees of the employment agency, directly employed by the agency and sent to work … Some agency workers are 'temporary agency workers', engaged by an employment agency or business and sent to perform fixed term assignments at the premises of a different business (the 'hirer'). The law as it stands makes it unlikely the vast majority of agency workers are ‘employees’ of the agency, nor the end user. The contract between Unity and the individuals clearly stipulated that it did not give rise to a contract of employment and the individuals were temporary workers, although legally Unity had to make deductions for tax and National Insurance from their pay. on What does Rishi Sunak’s change of heart regarding the Job Support Scheme mean for businesses? Answer – most of the time A recent case considered by the Employment Appeal Tribunal has confirmed that in the vast majority cases there will be no employment relationship between an agency worker … The EAT very specifically pointed out that the two necessary requirements of a contract of employment – mutual obligations to do and provide work and an appropriate degree of control – did not exist between the temporary worker and agency. Generally the end user will have entered into a separate agreement for services with the agency. This case therefore once again establishes that agency workers are not employees of the agency where a proper contract for services is used. on New COVID-19 Lockdown measures and what this means for employers and workers. Are agency workers protected from discrimination? I think I am being denied equal treatment under the Agency Workers Regulations by my agency and/or hirer. The case, The Secretary of State for Business Innovation & Skills v Mr J Studders and others, concerned a number of individuals who were supplied on assignment to an end-user by Unity Personnel Limited. What are the Agency Workers Regulations and what new rights do they give me? However both the agency and the end user must be aware that agency workers do have the right under the Agency Worker Regulations 2010 to be entitled to parity of basic pay and working conditions compared to their employee counterparts, after 12 weeks of service in a particular job. They will not have some key rights and protections reserved for employees, such as the right not to be unfairly dismissed, maternity leave (and potentially statutory maternity pay), and parental leave. They do not have employment rights and have fewer obligations to the agency than an employee or a worker… Should an employer offer me a permanent job if I've been placed with them for a long time? Thank you for all your hard work.”, “Excellent service and absolutely felt they went the extra step.”, “Excellent service received with helpful and supportive advice provided.”, “Very professional, prompt and detailed service. 1 phoned to ask them for their advice and to represent me as I needed solicitor for legal side, all sorted quickly and efficiently via emails and calls from them due to Covid.”, “Finding Jaspal & Gareth have been a godsend, helping us with an ongoing case they are always professional and full of knowledge. In most cases, the most important document that will decide whether you are a temporary agency worker or an employee will be the written agreement you have signed with the agency. Gareth and Jaspal was so polite and helpful and got things turned around for me within hours. They came to this conclusion because typically: Are agency workers employees of the agency or the end user? Can my agency charge a fee to find me work? The topic of employment status has been very newsworthy lately, in particular with individuals working in the ‘gig’ economy, where courts were required to rule on whether individuals were self-employed or had worker status (like the cases of Uber and Deliveroo). When is an agency worker not an employee? Answer – most of the time, Private Sector IR35 Reform April 2020-2021.

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