Regulation 12 Rights of agency workers in relation to access to collective facilities and amenities

(1)

An agency worker has during an assignment the right to be treated no less favourably than a comparable worker in relation to the collective facilities and amenities provided by the hirer.

(2)

The rights conferred by paragraph (1) apply only if the less favourable treatment is not justified on objective grounds.

(3)

“Collective facilities and amenities” includes, in particular—

(a)

canteen or other similar facilities;

(b)

child care facilities; and

(c)

transport services.

(4)

For the purposes of paragraph (1) an individual is a comparable worker in relation to an agency worker if at the time when the breach of paragraph (1) is alleged to take place—

(a)

both that individual and the agency worker are—

(i)

working for and under the supervision and direction of the hirer, and

(ii)

engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification and skills;

(b)

that individual works or is based at the same establishment as the agency worker or, where there is no comparable worker working or based at that establishment who satisfies the requirements of sub-paragraph (a), works or is based at a different establishment and satisfies those requirements; and

(c)

that individual is an employee of the hirer or, where there is no employee satisfying the requirements of sub-paragraphs (a) and (b), is a worker of the hirer and satisfies those requirements.

Notes on the whole SI

Textual amendments

F1: 1974 c.37. Section 15(1) was substituted by the Employment Protection Act 1975 (c.71), section 116 and Schedule 15, paragraph 6 and amended by SI 2002/794, article 5(2) and Schedule 2. Section 82(3)(b) was amended by the Railways and Transport Safety Act 2003 (c.20), section 105(3)(a).