Q&As

Can an agency worker bring a claim for working time-related detriment under section 45A of the Employment Rights Act 1996?

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Published on LexisPSL on 06/09/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can an agency worker bring a claim for working time-related detriment under section 45A of the Employment Rights Act 1996?

The relevant provisions are set out separately in the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 and the Employment Rights Act 1996 (ERA 1996).

The first question is whether a particular agency worker has rights under WTR 1998 as:

  1. a ‘worker’ as defined in WTR 1998, reg 2(1), or

  2. an agency worker brought within the scope of WTR 1998 by WTR 1998, reg 36(1)

Under WTR 1998, a worker is someone who has entered into or works (or worked) under:

  1. a contract of employment, or

  2. any other contract (which may be express or implied and, if it is express, may be oral or in writing) under which the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of the individual’s profession or business undertaking

This means that, in order for an agency worker to be a worker for these purposes:

  1. there must be a contract between the agency wor

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