Agency workers’ enhanced rights
[ch 9: page 184]Agency workers are protected by the WTR, which gives them rights to holidays, rest breaks and protection in relation to night work. In addition, qualifying agency workers have rights under the Agency Workers Regulations 2010. Under these regulations, agency workers who have worked in the same post for 12 weeks for the same end-user are entitled to equal treatment on pay, holidays and working time when compared to an equivalent direct employee of the end-user.
End-users and agencies are not allowed to justify unequal treatment by pointing to the overall value of the agency worker’s package. For example, it would be against the law to give the agency worker less holiday in return for a premium hourly rate (Kocur v Angard Staffing Solutions Limited [2018] UKEAT/0181/17/2302).
End-users and agencies have a defence to any claim for equal treatment if they can point to just one comparable direct employee with similar qualifications and experience who is employed at the same time as the agency worker and on the same pay and conditions.