Jurisdiction(s):
United Kingdom

Great Britain EAT: AWR 2010 reg 5 applies only during assignments; no equal treatment or suspension pay between assignments; a single shift can constitute an assignment

Published on: 06 March 2024

Published by a LexisNexis Employment expert

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Article summary

Donkor-Baah v University Hospitals Birmingham NHS Trust and others [2024] EAT 23

What are the practical implications of this case?

This ruling is noteworthy as it clarifies the reach of the right to equal treatment in regulation 5 of the Agency Workers Regulations 2010 (AWR 2010). This judgment is of interest because it addresses how far that entitlement extends. It explains that, once the right arises, parity under reg 5 on terms and conditions concerning pay and working time, equivalent to a direct hire, exists only for the span of an assignment, when the agency worker is actually engaged by the hirer. The right does not extend to a wider guarantee against being treated less favourably than the hirer’s employees or workers in the periods between assignments. In light of this, practitioners should pay very close attention to what amounts to an agency worker’s ‘assignment’. The point is particularly significant because, on the facts here, an ‘assignment’ was confined to a single shift carried out by the claimant, who was engaged as an agency nurse...

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