Agency workers

How we can help

Many important employment rights, such as protection against unfair dismissal, apply only to employees. For years, the primary issue of debate surrounding agency workers related to employment status. More recent focus has turned to improved employment protection for this group of workers.

Eversheds Sutherland believes that the law in this area offers a framework, not the solution, to your wider procurement, reward and resourcing needs. We help you to look at the bigger commercial picture in addressing those needs.

Employment status

Failure to distinguish agency workers from employees can prove costly. It can also affect business planning and due diligence, identifying affected employees being critical to any down-sizing or sale exercise.

The labels which are given to workers is not what is important; how they operate and are treated, is. From, seasonal workers, temporary staff or those simply looking for flexible working, we have a wealth of experience in interpreting factors which, together, identify an employment relationship.

Agency Workers Regulations 2010

These regulations implemented the European Agency Workers Directive in UK from 1 October 2011 by providing equal treatment in relation to basic employment conditions after twelve twelve weeks.

Retaining a distinction between agency workers and employees, whilst offering equality of many terms presents a challenge.

Eversheds Sutherland has advised extensively upon the practical and legal issues facing organisations which engage agency labour as well as the agencies which provide it.

Contractual terms

The need for clear contractual terms and the sharing of information as between agencies and hirers has never been greater. We have a wealth of experience in drafting agency terms of business and contract terms and advising upon how they might be interpreted. The penalties of error or omission can be high so ensuring terms are properly drawn from the outset is vital.