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ARTICLE · 27 JULY 2020

Long-Term Agency Workers - What Are Their Rights?

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Can an agency worker supplied on a long term basis to a single client still qualify for protection under the Agency Worker Regulations 2010?

United KingdomEmployment and HR
Michael Delaney
Michael Delaney

In the case of Angard Staffing Limited v Kocur UKEAT/0050/20, the Employment Appeal Tribunal (EAT) recently considered whether an agency worker supplied on a long term basis to the agency's sole client was supplied to work 'temporarily' for that client, therefore meeting the definition of 'agency worker' under the Agency Workers Regulations 2010 (AWR).

The Regulations

The AWR give effect to the Temporary Agency Workers Directive 2008/104 EC, and outline the rights of temporary agency workers who are employed by the temporary work agency under a contract of employment. It also outlines the rights of other worker's contract to enjoy basic working and employment conditions at least equal to those engaged by the end user/ hirers own employees, particularly with regard to pay.

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