Less favourable treatment of agency workers

Louise Walker
Louise Walker
Legal Director
View Profile

The Employment Appeal Tribunal (EAT) has recently held that it is not possible to compensate an agency worker for shortfalls in entitlements to paid annual leave and paid rest breaks with an enhanced hourly rate.

In the particular circumstances of the case, agency workers were only entitled to 28 days’ leave and 30 minutes paid rest breaks, whereas the hirer’s employees were entitled to 30.5 days’ leave and one-hour paid rest breaks. It was argued that the overall package of terms enjoyed by the agency worker were such that the agency worker was not treated less favourably than an employee because of the enhanced hourly rate. However, the EAT decided that this difference in treatment, on a term by term approach, breached the Agency Workers Regulations 2010.

A copy of the case report can be found here:


This case is a useful reminder that a business which engages both agency workers and employees needs to ensure, on a term by term approach, that an agency worker is not treated less favourably than an equivalent employee.

If you would like to discuss this case in more detail, or you require support on any employment law matters, please do not hesitate to contact a member of our team on 0141 331 5150.


Enquire about our 12 month employment law retainer

If you would like to speak to one of our solicitors and discuss your requirements in more detail please call 0141 331 5150 or use this contact form.

Any personal information provided to us will be retained and used in accordance with our Privacy Statement

Lauren Wilson red arrowSenior Solicitor
Louise Walker red arrowLegal Director
Caroline Cobain red arrowLegal Director
David McRae red arrowManaging Director
David Reid red arrowDirector
Lucy Brooks red arrowSenior Solicitor
Samer Cheaitou red arrowTrainee Solicitor
Brian Todd red arrowBusiness Development Manager