Where an agency worker and a direct recruit are paid the same but the agency worker works longer hours, is there a breach of the Agency Workers Regulations (NI) 2011?

Posted in : First Tuesday Q&A NI on 7 December 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Agency Workers Regulations (Northern Ireland); Conditions of Pay

The purpose of the Agency Workers Regulations (Northern Ireland) 2011 is to ensure equal treatment of agency workers and permanent workers. The Court of Appeal, in Kocur v Angard Staffing Ltd and another [2019], determined that the Agency Workers Regulation 2010 (the English equivalent to the Agency Workers Regulations (Northern Ireland) 2011) does not entitle agency workers to the same number of contractual hours as a directly recruited comparator.

However, under regulation 5(2) agency workers are entitled to the same "relevant terms and conditions" that are ordinarily included in the contracts of employees of the hirer and this includes pay. Therefore, if the agency worker is on a lower

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Back to Q&A's This article is correct at 07/12/2021
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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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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