Liability – right to not be unfairly dismissed/right to not be subjected to a detriment
Protection is provided for employed agency workers who are dismissed for asserting or seeking to assert certain rights associated with the Regulations. It will be treated as an automatic unfair dismissal (regardless of the agency worker’s length of service) if an employed agency worker is dismissed on certain grounds.
These are that the agency worker:
• brings proceedings under the Regulations;
• gives evidence or information in connection with proceedings under the Regulations brought by another agency worker;
• requests a written statement on the treatment she/he received or should have received;
• alleges that an agency or client breached the Regulations;
• refuses to give up any of their rights under the Regulations; or
• is suspected by either the agency or the client to have done or to have proposed to do any of the above.
An employed agency worker will be able to bring a claim for unfair dismissal against the agency in an Employment Tribunal.
Additionally, if an agency worker (whether an employee or not) is subjected to a detriment by an agency or client as a result of any of the grounds above, the agency worker can bring a claim against the party responsible for causing the detriment (client/agency or both) in an Employment Tribunal.