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

Election implications for IR35

Draft legislation has already been produced to replicate the 2017 IR35 changes within the public sector and extend these to medium and large private sector organisations, with the final legislation previously expected this month.

View blog

Legal fees for advising on settlement agreements

When entering into a settlement agreement, it is a requirement for the employee to get independent legal advice on the terms and effect of the agreement.

View blog

Would you work for free?

The gender pay gap continues to make headlines but disparities in pay for disabled workers is given significantly less attention.

View blog

Annual Injury and Ill-Health Statistics for Great Britain: still too high?

The Health and Safety Executive (HSE) has released its annual report detailing the number of injuries and incidents of ill-health in workplaces across Great Britain, and its statistics show that this number is too high.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up