Agency Workers – The Tribunal erred in finding that there had been compliance with Regulation 5(1) of the Agency Workers Regulations 2010 in circumstances where the agency worker was only entitled to 28 days’ leave and 30 minutes paid rest breaks, whereas the hirer’s employees were entitled to 30.5 days leave and one-hour paid rest breaks. These shortfalls in entitlement could not be compensated for by the payment of an enhanced hourly rate.
The Tribunal did not err, however, in finding that there was no requirement to provide an agency worker with precisely the same number of working hours as the hirer’s employees. Such a requirement would deprive the relationship between hirer and agency/agency worker of the flexibility considered important by the Directive.
Citations:
[2018] UKEAT 0181 – 17 – 2302
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 April 2022; Ref: scu.605647