Under the Agency Workers Regulations 2010, who is responsible for ensuring that agency workers have the same basic terms and conditions as a comparable direct recruit?
The hiring employer must provide the agency with information about the relevant terms and conditions to which an agency worker would be entitled if he or she had been hired directly. The agency is responsible for ensuring that the agency worker receives these terms and conditions if he or she completes the 12-week qualifying period.
Either the hiring employer or the agency, or both, can be liable for a breach of the Agency Workers Regulations 2010 (SI 2010/93) in relation to equal treatment in basic employment conditions, depending on which is responsible for the breach.
The agency will not be liable for a breach if it has obtained, or taken reasonable steps to obtain, information from the hirer on the relevant terms and conditions in place at the organisation, has acted reasonably when determining the relevant terms and conditions for the agency worker and has applied those terms and conditions to the agency worker where it has responsibility for doing so.