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

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