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
Can you claim? Find out in four quick steps.
Enquiries may be referred to SRA-regulated UK solicitor firms where appropriate. No win, no fee is subject to solicitor assessment of your individual case.
0800 000 0000Where did the accident happen?
Pick the setting closest to your situation.
Sources
- Health and Safety at Work etc. Act 1974 ss.2, 3
- Agency Workers Regulations 2010 (SI 2010/93)
- Management of Health and Safety at Work Regulations 1999
- Mersey Docks and Harbour Board v Coggins & Griffith [1947] AC 1
This guide is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.