Agency Workers: Key Risks

Agency workers who believe that they are not receiving equal treatment can ask you or the agency for information on their terms and conditions. They can bring tribunal claims for breaches of their rights to equal treatment. They can also make a claim if their assignments are structured to avoid them gaining the right to equal treatment (e.g. a rotation of 11 week assignments).

Although there will usually be no contract between you and the agency worker, and no intention of creating an employment relationship, there is a risk of a contract being implied. A contract might be implied where in practice you pay the agency worker directly and treat them on the same basis as other employees in your organisation. If this happens they will have additional rights and protections including the right to claim unfair dismissal on the termination of an assignment. There are steps you can take to minimise the risk of this happening.

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