Gaining full employment rights

Analyst

At what point does an agency worker gain full employment rights when they have continuous service in the same role, with the same hirer and the same agency?

A direct employee gets full employment rights after a year, but the law only states that it is not usual in the case of an agency worker.

SarEl

Never with the hirer - occasionally with.the agency if you are an employee of the agency.

Notmyrealname

Analyst wrote: »

At what point does an agency worker gain full employment rights when they have continuous service in the same role, with the same hirer and the same agency?

Never. However after 12 weeks working at the same agency client you get the same terms as that placements employees under the Agency Workers Rights legislation.

SarEl

Notmyrealname wrote: »

Never. However after 12 weeks working at the same agency client you get the same terms as that placements employees under the Agency Workers Rights legislation.

The same basic terms - not the same thing as the same terms - and not always as we know, as there are ways around this.

Analyst

Two problems with your answer.

1. The regulations are not written that way. No phrase such as does no apply is used.

2. Why would a large company limit agency worker contracts to 51 weeks with a 3 month gap before you can return if they had not been challenged on this very point in the past?

What you have to remember is that very few cases come to tribunal, so most of the grey areas of employment legislation are decided behind closed doors.

Something needs to be done to bring all these secret deals out into the open so that everyone is treated fairly on the same basis.