header-logo header-logo

22 April 2010 / Charles Pigott
Issue: 7414 / Categories: Features , Employment
printer mail-detail

Secret agents

Charles Pigott predicts more uncertainty for agency workers

In order to be protected by the employment-related discrimination legislation, it is normally necessary to be in a contractual relationship with the proposed respondent. The conventional view has been that the contract worker provisions that are present in all the major anti-discrimination legislation create an exception from this rule for agency workers. Contract work is defined (for example in s 7(1) Race Relations Act 1976 (RRA 1976)) as: “any work for a person (the principal) which is available for doing by individuals (contract workers) who are not employed by the principal himself but by another person, who supplies them under a contract made with the principal.”

Where agency workers are involved, the principal will be the person to whom their labour is supplied and the employment agency will be the “other person” who supplies them. The contract worker provisions then go on to provide for a principal to be liable for acts of discrimination against contract workers, in much the same way as if it had entered into

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll