Can Workers On Zero Hour Contracts Be Considered Agency Workers?

Case won by security guard on zero hour contract who claimed he was an agency worker

If zero hour contracts are part of the business model for your organisation, this interesting case may highlight a need for clarity over the terms on which these workers are engaged. Businesses who send contractors to work for their clients on a temporary basis could face similar claims.

Matei v Brooknight Guarding Limited

After the termination of a 21-month engagement, a security guard with a zero hour contract argued that he was an agency worker. His employer required him to work temporarily at different sites for different clients, but primarily for one facilities management company. The security guard claimed that, as an agency worker, he should have received the same terms and conditions of employment as the permanent employees he worked alongside after 12 weeks' service, including the same pay.