Chapter 3
Agency workers
[ch 3: page 31]All agency workers are protected by the EA 10 against discrimination by the hirer/end user (that is, the organisation they are assigned to work for). They are protected as “contract workers” (section 41(1), EA 10). This includes the duty to make reasonable adjustments for disabled agency workers.
There may also be a claim against the employment agency under Sections 55 and 56, EA 10. These sections give rights to work-seekers who are discriminated against, harassed, victimised or offered discriminatory terms by an employment service provider. This also includes the duty to make reasonable adjustments in cases of disability.