Q&As

Does an agency worker continue to accrue annual leave while they are away from their assignment due to pregnancy or maternity?

read titleRead full title
Published on LexisPSL on 03/11/2020

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

  • Does an agency worker continue to accrue annual leave while they are away from their assignment due to pregnancy or maternity?
  • The right to holiday
  • The right to maternity leave and accrual of holiday during maternity leave
  • Agency workers—right to same basic working and employment conditions as direct hire
  • Effect of absence from work due to pregnancy or maternity on holiday accrual

You have asked: Does an agency worker continue to accrue annual leave while they are away from their assignment due to pregnancy or maternity?

This query gives rise to a number of issues:

  1. the agency worker’s entitlement to annual leave, or holiday

  2. whether the agency worker is an employee

  3. the nature of the right under Agency Workers Regulations 2010 (AWR 2010), SI 2010/93, reg 5

  4. the effect of the agency worker’s absence from work due to pregnancy or maternity on holiday accrual

The right to holiday

An individual has the right to holiday under Working Time Regulations 1998 (WTR 1998), SI 1998/1833, regs 13, 13A if they are a worker as defined in section 230(3) of the Employment Rights Act 1996 (ERA 1996).

In addition, special provision is made in WTR 1998, SI 1998/1833, reg 36, for an agency worker who:

  1. is not otherwise a 'worker' due to the fact that there is no contract (or at least no express contract) between the agency worker and the agency or the principal (or hirer), and

  2. is not a party to a contract under which the agency worker undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the agency worker

In those circumstances, the other provisions

Popular documents