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Agency workers Regulations: case study

Kerry Viner and Deepa Parekh of Osborne Clarke continue a series of articles on the agency workers Regulations with a case study that looks at how, once the Regulations are in force, agency workers will accrue service entitling them to equal treatment with comparators employed by their hirer. 

Kevin is a temporary agency worker. He is sent on an assignment with Green Ltd in an administrative role, starting on 10 October 2011 and working 35 hours per week. It is his first assignment with Green Ltd and he works there for 10 weeks without a break. What rights does Kevin have under the agency workers Regulations?

From 1 October 2011, under the Agency Workers Regulations 2010 (SI 2010/93), agency workers will be entitled to certain rights from their first day on an assignment with a hirer (regs.12 and 13).