Regulation 13 Rights of agency workers in relation to access to employment

(1)

An agency worker has during an assignment the right to be informed by the hirer of any relevant vacant posts with the hirer, to give that agency worker the same opportunity as a comparable worker to find permanent employment with the hirer.

(2)

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; 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.

(3)

For the purposes of paragraph (1), an individual is not a comparable worker if that individual's employment with the hirer has ceased.

(4)

For the purposes of paragraph (1) the hirer may inform the agency worker by a general announcement in a suitable place in the hirer's establishment.

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).