Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
Overview
Meaning of "employee"
Temporary workers who are not employees
Temporary workers who are employees
Statutory rights of all temporary workers
Health and safety considerations
Rights exclusive to temporary workers who are employees
Definitions under the Fixed-term Employees Regulations
Amendments to primary legislation
Redundancy
Acquisition of permanent status
Complaints to an employment tribunal
Conduct of Employment Agencies and Employment Businesses Regulations 2003

Summary

3.1183

• A temporary worker is a person employed (or engaged) to do a specific job of work for a specified period of days, weeks or months. (See 3.1185 Overview)
• Whether a temporary worker is an "employee" (ie employed under a contract of employment) or a worker engaged under a contract sui generis (of its own kind) will depend in large part on the existence or otherwise of mutuality of obligation. (See 3.1186 Meaning of "employee")
• Temporary workers who are "employees" enjoy the same statutory employment rights as their permanent counterparts in the same employment. (See 3.1188 Temporary workers who are employees)
• Temporary workers who are not employees have fewer statutory rights than their colleagues who are employees. (See 3.1187 Temporary workers who are not employees)
• Temporary employees have the right not to be treated less favourably than comparable permanent employees under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. (See 3.1191 Rights exclusive to temporary workers who are employees)
• The right to receive statutory sick pay, guarantee payments, pay while suspended from work on medical grounds and minimum statutory notice has been extended to all temporary employees regardless of the length of their contract. (See 3.1193 Amendments to primary legislation)
• A temporary employee working on a contract lasting or expected to last for two or more years is no longer able to waive his or her right to a statutory redundancy payment on the termination of his or her contract. (See 3.1194 Redundancy)
• Where an employee has been working under a succession of temporary contracts within the same organisation for a period of four years or more, any renewal of the employment at the end of the most recent fixed-term contract will be deemed to create permanent employment status. (See 3.1195 Acquisition of permanent status)
• Every temporary worker (whether an employee or otherwise) has the right not to be discriminated against or otherwise victimised on grounds of sex, race, age, religion or belief, sexual orientation or disability. (See 3.1189 Statutory rights of all temporary workers)
• Employers have a common law and implied contractual duty (reinforced by their criminal liabilities under the Health and Safety at Work etc Act 1974) to take reasonable care for the health, safety and welfare at work of every person in their employ (whether an employee or otherwise). (See 3.1190 Health and safety considerations)
• Temporary workers should not be put to work in an unfamiliar or hazardous environment unless they have received information, instruction or training sufficient to enable them to carry out their duties without risk to their own health and safety or that of their colleagues and others (including clients, customers and members of the public) with whom they come into contact. (See 3.1190 Health and safety considerations)
• The Conduct of Employment Agencies and Employment Businesses Regulations 2003 govern the relationship between client employers, work-seekers and employment businesses. (See 3.1197 Conduct of Employment Agencies and Employment Businesses Regulations 2003)

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Future developments

3.1184 Temporary agency workers: In November 2008, the European Council formally adopted the Temporary Agency Work Directive (2008/104/EC), which affords agency workers equal treatment to directly employed staff. The Directive must be implemented by member states no later than 5 December 2011.