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ARTICLE · 11 JUNE 2021

Agency Workers: Who Is Responsible For Them?

RDJ LLP
RDJ LLP
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RDJ LLP

RDJ LLP

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There are a range of legislative provisions which ascribe certain duties of care and obligations around agency workers, who are in an unusual position in that they are employed by the agency provider...

IrelandEmployment and HR

"I work within a manufacturing environment where there is a mix of majority direct hires and some agency workers. I now have a complaint between a direct hire and an agency worker to address. Obviously the agency worker is not actually our employee, so how do I handle It?"

There are a range of legislative provisions which ascribe certain duties of care and obligations around agency workers, who are in an unusual position in that they are employed by the agency provider but supervised, controlled and directed by the hirer. 

Of course the approach taken will very much depend on the nature of the issue between the direct employee and the agency worker. 

So for health and safety issues, there are duties of care that arise under the Safety, Health and Welfare Act 2005 for you as the hiring entity that controls and directs the agency employee. Therefore if the matter at issue between the parties was a health and safety issue, it would make sense for the hiring

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