Case law updates
Agency workers: The Employment Appeal Tribunal has made a number of findings on the extent of the equal treatment provisions in the Agency Worker Regulations 2010, which will be helpful for employers using agency resource:
- The right to be informed of relevant vacant posts does not extend to a right to be able to apply for or be considered for those vacancies on the same terms as a direct recruit; the right is to the same information about the opportunities.
- There is no requirement for an agency worker to have the same contractual hours as a direct recruit, so an agency worker having a shift length that was 12 minutes longer was not in breach of the regulations. In any event, the agency workers were paid for the extra time worked.
- Opportunities for overtime are not deemed ‘basic working and employment conditions’, so giving direct recruits first refusal of overtime was not a breach of the regulations.
- Equal treatment regarding pay does not extend to the same pay information on pay slips.
- The timing of breaks is outside the scope of the right to equal treatment.
- There is no requirement of equality of treatment for the content of working time; providing direct recruits with training when agency workers were carrying out ‘normal duties’ was not contrary to the regulations.
- It is potentially a breach to have delayed implementing a pay rise for agency workers by six months after it was applied to direct recruits; this issue is being remitted to the tribunal.