Are agency workers entitled to be offered the same hours of work as a directly employed comparator?

Caroline Cobain
Caroline Cobain
Legal Director
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As you may be aware, the Agency Workers Regulations 2010 state that after agency workers have passed the twelve week qualifying period (i.e. where they have worked in the same role at the same organisation for a twelve week period and meet the relevant statutory requirements), they are entitled to the same basic conditions of work as offered by the employer to permanent employees who carry out the same role.

However, a recent case looked at the question of whether this means that agency workers who have passed the twelve week qualifying period, have the right to be offered the same hours of work as a directly employed comparator?

The Court of Appeal held that the answer to this question was no. The Court clarified that whilst it was intended that the 2010 Regulations ensured that agency workers are offered the same basic rights as permanent employees, including but not limited to basic pay, annual leave, and rest breaks, this does not extend to hours of work. The Court held that there is nothing in law to suggest that agency workers should be entitled to receive the same hours of work as a directly employed comparator.

If you would like to discuss the implications of this case further, or if we can provide any other assistance or support on other employment law matters, please do not hesitate to contact our team on 0141 331 5150.

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