Agency Workers: Are Secondments Covered by the Directive and Regulations?

Posted in : Supplementary Articles NI on 5 December 2011
Adam Brett
Lewis Silkin NI LLP
Issues covered:

Adam Brett's article concerns secondment of employees from one employer to another. On the face of it, secondments are excluded, but all may not be as it seems…

I understand that employees under secondment from one organisation to another are NOT covered by the Agency Worker Regulations. Is that always the case, or are there exceptions when secondees could be covered by the Regulations and be entitled to equal pay, access to facilities, etc.?

The Agency Workers Regulations themselves do not mention secondment directly at all. The Department of Employment and Learning Guidance (and the equivalent BIS guidance in GB) state at paragraph 2.4:

"Those who are likely to be outside the scope of the

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This article is correct at 06/08/2015

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.

Adam Brett
Lewis Silkin NI LLP

The main content of this article was provided by Adam Brett. Contact telephone number is (0)28 9069 0873 or email

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