Liability and Remedy

Right to Information Day one rights: Written request to hirer at any time after first day 28 days to respond in writing NB: can you objectively justify treatment?

Right to Information Right to basic employment rights: Written request to agency after 12 weeks has elapsed If no response received within 30 days can make written request to hirer

Example 1 Mrs Smith works for NewCo, she has been there 3 days and wants to know if she can use their child care facilities.

Example 2 Mr Gray believes he has not been receiving the correct rate of pay. He has worked for NewCo for 10 weeks.

The Employment Tribunal A claim can be presented within 3 months of the alleged breach. Adverse inferences?

Remedy Loss of earnings Some other appropriate amount A Declaration setting out rights

Anti-Avoidance Prohibited structure: 2 or more assignments Same or connected hirer Different roles

Anti-Avoidance (2) Must be an intention to “deliberately deprive an agency worker of their entitlements” £5000 penalty

An action plan Audit of all current agency workers Skills matrix for each role Provide agency with your standard terms Keep track of length of assignments. Short term assignments only?

Joanna Powell Employment Department Tel: