Q&As

Where an employer engages agency workers alongside its own employees, do the equal treatment provisions of the Agency Workers Regulations 2010 mean that if it furloughs its own employees and tops up their furlough pay to 100%, it also needs to top up the furlough pay of any agency workers furloughed at the same time?

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Published on LexisPSL on 13/05/2021

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

  • Where an employer engages agency workers alongside its own employees, do the equal treatment provisions of the Agency Workers Regulations 2010 mean that if it furloughs its own employees and tops up their furlough pay to 100%, it also needs to top up the furlough pay of any agency workers furloughed at the same time?
  • Agency Workers Regulations 2010
  • Equal treatment under AWR 2010
  • The meaning of ‘pay’
  • Payments to furloughed workers, and ‘pay’ under AWR 2010

Where an employer engages agency workers alongside its own employees, do the equal treatment provisions of the Agency Workers Regulations 2010 mean that if it furloughs its own employees and tops up their furlough pay to 100%, it also needs to top up the furlough pay of any agency workers furloughed at the same time?

Agency Workers Regulations 2010

A tripartite relationship is formed where an agency worker has a contract with a temporary work agency but works temporarily for and under the direction and supervision of a third-party hirer. The agency places the agency worker on assignment with a hirer or ‘end user’, which employs them temporarily, while paying the agency a fee. The agency then in turn remunerates the agency worker. That unique relationship is key to who is covered by the Agency Workers Regulations 2010 (AWR 2010), SI 2020/93.

Whether a particular arrangement falls within the scope of AWR 2010, SI 2020/93 will depend on how the relationship between the parties works in practice.

For further information generally, see Practice Note: Rights under the Agency Workers Regulations 2010.

For information about who is covered by AWR 2010, SI 2020/93, see section: Scope of the AWR 2010 in the above Practice Note.

For a Checklist of the rights that an agency worker may have as an agency worker under AWR 2010, SI 2020/93 and other legislation, see: Agency

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