Agency Workers

6th January 2014

Agency Workers

image (95)

The Employment Appeal Tribunal has considered whether the Agency Workers Regulations 2010 apply to agency workers placed with an end user indefinitely.

In Moran v (1) Ideal Cleaning Services Limited; (2) Celanese Acetate Limited
Mr Moran (among others) was employed by Ideal Cleaning Services Limited as a cleaner but from day one of that employment was placed with Celanese Acetate Limited or its predecessor. The claimants worked at Celanese for between 6 and 25 years, before being made redundant in 2012. Ideal invoiced Celanese for the services and paid the claimants each week for the work they had done. After the Agency Workers Regulations 2010 came into force Mr Moran and others sought to argue that they were agency workers within the meaning of the Agency Workers Regulations 2010 and that they were entitled to the same basic working and employment conditions as if they had been recruited by Celanese Acetate Limited directly.

The Employment Tribunal rejected their claims and this was upheld by the Employment Appeal Tribunal which said that:

•    the Regulations only apply to workers supplied by a temporary work agency to work temporarily for the end user
•    the concept of “temporary” in the Regulations means not permanent. A permanent contract is one which is open-ended in duration, terminable on proper notice being given, whereas a temporary contract will be terminable upon a condition being satisfied or the expiry of a fixed term
•    the arrangements under which Mr Moran and his colleagues worked were indefinite in duration and therefore permanent.

Comment

The assignment in this case was open-ended and of no fixed duration so it was clearly “permanent”. An assignment which is for a defined period or for the completion of a specific project would fall within the definition of “temporary” on the EAT’s analysis. However, the decision does leave a grey area in between. What about assignments which are for an indeterminate length, not terminable on any condition being satisfied, but renewed from week to week, to meet the end-user’s requirements? How would they be classified?

Employment businesses that want to ensure that there is no doubt over the status of their workers may attempt to deal with this problem by always ensuring that assignments are limited in time, and that longer term assignments are treated as a series of individual assignments. In practice, however, tribunals are likely to look at the reality of the situation, rather than what the contract says.

Blog Posts

Would you let your child drink two coffees, each containing up to ten sugar cubes, before school every day?

30/08/2018

For any responsible parent, the answer is no - yet, tens of thousands of…

Read More
Upcoming Events

The Great Framlingham Sausage Festival

13/09/2018

Gotelee are proud to announce that we will be sponsoring the famous Great Framlingham…

Read More
News Posts

National Stress Awareness Day

07/11/2018

National stress awareness day is a countrywide campaign to highlight the impact that stress…

Read More

Testimonials

"Approachable, very efficient, always willing to take my calls and update me."

- SH

"We were very pleased to have Jade as our solicitor, the service was excellent and we felt kept in the loop which minimised stress"

- CT

"I have used Tracey Laflin at Gotelee on a number of occasions and in my opinion, she is simply the most efficient conveyancing solicitor I have ever worked with. From the outset, she took the time to understand my specific business requirements and to date, she has exceeded all of my expectations."

- Dale Fiddy - Portobello Developments Ltd

"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"

- MT

"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

"Domini was very fast and efficient in carrying out her work for me - she was also very good at explaining things to me"

-

"Prompt, helpful, polite and very professional service"

-

"The ease that we could access and speak to Pat Smith - Thank you"

-

"We found Rachel Dawson outstanding, polite, professional and caring."

-

Please select preferred method of contact

* We will only contact you by telephone if you select this as primary form of contact. All web enquiries will be stored on our website for 30 days.