Updated to include information on Kocur v Angard Staffing Solutions Ltd and another, concerning equal treatment of an agency worker in relation to his overall package.
In Kocur v Angard Staffing Solutions Ltd and another, the Employment Appeal Tribunal (EAT) held that a failure to provide an agency worker with the same annual leave entitlement and paid rest breaks as those enjoyed by permanent employees could not be offset by a higher rate of pay.
Four in 10 (43%) organisations increased their use of agency workers over the last five years as they struggled to fill staffing gaps.
The Government consults on the recommendations in the "Taylor review of modern working practices" regarding agency workers.
We discuss Matthew Taylor's review of modern employment practices, which outlined seven key principles for "good quality work for all".
Updated to include guidance from the NHS Staff Council in relation to pay and conditions of apprentices in the NHS.
Updated to include information on Amissah and others v Trainpeople.Co.Uk Ltd, an EAT decision on compensation for breaches of the Agency Workers Regulations 2010.
The Employment Appeal Tribunal (EAT) has confirmed the correct approach that tribunals should follow when calculating compensation for an infringement of reg.5(1) of the Agency Workers Regulations 2010.
In McTigue v University Hospital Bristol NHS Foundation Trust  IRLR 742 EAT, the EAT held that, in order for a claimant to be a "worker" within the meaning of the extended "whistleblower" definition in s.43K of the Employment Rights Act 1996, all that is required is that the end user substantially determined the terms under which the claimant carried out his or her work. It is not necessary to show that the end user determined those terms to any greater or lesser degree than the agency, of whom the claimant might also be an employee or worker.
HR and legal information and guidance relating to agency workers.