Updated to include information on a Government consultation concerning the rules on off-payroll working in the private sector.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Hot on the heels of new Acas guidance for agency workers, Charlotte Allery, solicitor at Coffin Mew, provides an overview of the guidance and a reminder of their key legal rights.
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.
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.
Updated to include information on Kocur v Angard Staffing Solutions Ltd and another, concerning whether or not higher pay could offset inferior holiday entitlement.
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.