ET3 grounds for resisting claim—Agency Workers Regulations 2010: temporary work agency
ET3 grounds for resisting claim—Agency Workers Regulations 2010: temporary work agency

The following Employment precedent provides comprehensive and up to date legal information covering:

  • ET3 grounds for resisting claim—Agency Workers Regulations 2010: temporary work agency

[Insert in para 6.1 of claim form ET3:]

    1. 1

      It is admitted that the Claimant works as a legal secretary and it is admitted that the First Respondent is a temporary work agency. It is admitted that the Claimant has a contract with the First Respondent to provide legal secretarial services to clients of the First Respondent but it is denied that that contract is a contract of employment. It is admitted that there was an agreement between the Claimant and the First Respondent for the Claimant to provide legal secretarial services to the Second Respondent.

    1. 2

      Save that it is admitted that the Claimant commenced working for the Second Respondent on [insert date], the matters set out at Paragraphs 2, 3 and 4 of the Grounds of Claim are not within the First Respondent's knowledge and are accordingly not admitted.

    1. 3

      It is denied that the Claimant completed twelve continuous weeks working for the Second Respondent in the same role on the date alleged or at all:

      1. 3.1

        The Claimant had a break of two weeks for annual leave and one week for illness [insert details], which, when deducted from the total length of her assignment, means she had less than twelve weeks continuous service for the Second Respondent and accordingly did not complete the qualifying period provided for in Regulation 7 of the Agency Workers Regulations

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