What are the dangers of terminating an agency worker’s contract over performance issues? Is it discrimination?

Posted in : First Tuesday Q&A NI on 2 March 2010
Arthur Cox
Arthur Cox
Issues covered:

The answer to this question will vary depending on a number of factors, including the agreement you have in place with the agency. It can be relatively straightforward to terminate an agency worker’s engagement for poor performance where it is clear that the agency worker is an employee of the agency and if the right to terminate for poor performance is clearly stated in the agreement.

However, the situation can become more complex when, for example, an agency worker’s engagement with the end user (the “principal”) lasts for a considerable time during which, in effect, the agency worker has been treated as an employee of the principal. In determining this tribunals look at a number of

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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