Who is liable for establishing equal treatment?
It is envisaged that most cases will be effectively dealt with via a recruitment agency’s grievance procedure. Where this fails, a pre-conciliation service will be available via Acas to minimise the number of claims that end up in an employment tribunal.
The agency will be liable for any breach of a right in relation to equal treatment for which they are responsible. However, they will have a defence if they have taken ‘reasonable steps’ to obtain the necessary information from the hirer. This will mean the hirer and the agency will need to work together closely to share appropriate information to ensure the agency worker is receiving equal treatment.
The new regulations will mean that the close relationship between business and agency becomes even more important.
