The EAT has confirmed that once agency workers have accrued 12 weeks on one assignment, they will be entitled to the same pay and certain terms as comparable permanent employees at the end-user looking at each term individually, and it is not a defence that the agency worker's overall package is at least as favourable. In this case the employer could not argue that the less favourable holiday and rest break entitlement was compensated by the agency worker's higher hourly rate of pay.
However, because pay and holiday entitlement are viewed separately, it may be possible to pay the agency worker for the holiday entitlement in a lump sum at the end of the assignment or by identifying that part of the higher hourly pay rate that represents rolled-up holiday pay (in relation to a contractual entitlement in excess of statutory holiday), provided this is transparent and readily comprehensible. (Kocur v Angard Staffing Solutions)
Acas has published new guidance on the rights of agency workers, available here.
Key contacts
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.