0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

agency workers are not entitled to the same number of hours as employees

19 July 2019

The Agency Workers Regulations 2010 (‘Regulations’) give agency workers the entitlement to the “same…conditions” of work as a permanent employee.

The Court of Appeal has recently decided that, while the purpose of the Regulations is to ensure the equal treatment of agency workers and permanent employees at work, this does not require an agency worker to be offered the same number of hours of work as a permanent employee. The reference to “Duration of working time” in the Regulations refers to terms which set a maximum length for periods of work in the context of the entire working week

The Court of Appeal’s decision reflects the purpose of protecting agency workers from less favourable treatment because of their temporary status, whilst affording the employer the legitimate use of the flexibility that agency workers can bring.

Businesses can be reassured that the use of agency workers will not automatically create an increased obligation to offer those workers the same hours as their employee counterparts.

related opinions

Court of Appeal confirms all employment tribunal judgments must be published on the register, except in national security cases

Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online.

View blog

Supreme Court backs employers seeking to enforce restrictive covenants: Tillman v Egon Zehnder Ltd

The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.

View blog

Extension to exemption from Tier 2 visa salary threshold for STEM and Mandarin teachers

The Government has announced that the current exemption from the £30,000 minimum salary threshold for Tier 2 (General) sponsored workers in a number of public service professions has been extended.

View blog

Could suspension of an employee pending an investigation amount to a breach of their employment contract?

The Court of Appeal recently provided authoritative guidance on disciplinary suspensions including on whether the suspension of an employee facing serious allegations, pending an investigation, could amount to a repudiation of their employment contract.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up