Agency worker accident at work: who is liable?

Do agency workers have the same rights as permanent employees?

HSWA 1974 s.2 applies to all employees; host employer duty to non-employees under s.3; Agency Workers Regulations 2010 for employment rights context

Who is liable — the agency or the host employer?

Direction and control test; who set tasks, provided equipment, supervised; both may be partially liable

What is the "direction and control" test?

Explaining how courts assess who was the effective employer for health and safety purposes; relevant case law: Mersey Docks and Harbour Board v Coggins & Griffith [1947

What if the agency failed to ensure you had proper training or induction?

Agency's own duty; contract between agency and host

How do you make a claim?

Identify correct defendant(s); notify both agency and host employer; solicitor issues letter(s) of claim

What sick pay are agency workers entitled to?

SSP — agency workers qualify after earning above the Lower Earnings Limit; no occupational sick pay from host employer unless contractually agreed

What is the time limit?

Same three years under Limitation Act 1980