Is an agency worker who is permanently assigned to an end-user covered by the AWRs?
No, according to the EAT, in the case of a group of agency workers who were assigned to one hirer for periods ranging from between 6 and 25 years. The Agency Workers Regulations 2010 define “agency worker” as “an individual who is supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer”. The EAT held that “temporary” could not mean an open-ended contract which is terminable on notice. That would be a permanent contract. A temporary contract is one which could be terminated by the expiry of a fixed term or completion of a specific project.
This guide is for general information and interest only and should not be relied upon as providing specific legal advice. If you require any further information about the issues raised in this article please contact the author or call 020 7404 0606 and ask for your usual Goodman Derrick contact.