When does an agency worker qualify for equal treatment?
Except for the Day One rights (detailed below) the agency worker will be entitled to equal treatment once she/he has worked for 12 weeks in the same role at the same hirer. This is irrespective of the working pattern (e.g. full time or part time). It is also irrespective of which or how many agencies supplied the agency worker to do the same role at the hirer.
A new qualifying period will begin only if a new assignment with the same hirer is substantively different (and that does not mean simply changing a job title), or if there is a break of more than six weeks between assignments in the same role.
The qualifying period will be paused (rather than stopped) if the worker takes:• a break of six weeks or less;
• certified sick leave for no more than 28 weeks;
• statutory/ contractual maternity, adoption or paternity leave; or
• time off for public duties (including jury service).
In other cases where an agency worker takes a break which is related to pregnancy or childbirth, or takes maternity, adoption or paternity leave, the agency worker will be treated as if he or she has continued working in an assignment.
It is clear that an agency worker does not have to work for 12 consecutive weeks via the same agency to qualify for the right to equal treatment. They can accrue the 12 weeks’ qualifying service over a much longer period of work and through more than one agency.
