Hi all. This is a further email from my MP. She says she thinks I should be classified as an agency worker! I doubt it is that easy though. As the attachment she provided says, it depends on the contract. I leave you to draw your own conclusions. I have removed the salutation etc so as not to share personal details.
'I am writing as I have now received a response to my emails sent to the Department of Health and the Minister for Women and Equalities on your behalf.
I have attached the response in its entirety to this email.
From reading the response of the minister, it would seem that you should be classed as an agency worker:
Recent case law states that a business is typically considered an agency (and so needs to comply with the EAA 1973 and associated regulations) wherever they are acting as an intermediary between someone looking for work and a business looking to hire a member of staff. An individual is typically considered an agency worker (and covered by these additional protections) if they have a contract with an agency but work temporarily for and under the control of a separate business
I think there are two lines that could very usefully be pursued here. Firstly, the link to the government website will allow you to determine whether you are receiving your full entitlements. Once you have done this, I would urge you to get in touch with EAS for them to assess your situation and determine whether this is something they can take forward for you.
I hope that you receive a positive outcome in this case, and please do not hesitate to get in touch regarding this or any other matter.
With best wishes,
Helen'
Here is the text of the attachment she sent, also with my personal details removed:
An individual’s entitlement to employment rights (such as holiday pay or the minimum wage) are determined by their employment status. The term agency worker is not an employment status. Agency workers can have different employment statuses, which will depend on the reality of their situation and contractual arrangement. The Employment Agencies Act 1973 (the EAA 1973) and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Conduct Regulations) provide additional protections to agency workers irrespective of their employment status. These are enforced on
their behalf by the Employment Agency Standards (EAS) Inspectorate, which regulates the recruitment sector. Recent case law states that a business is typically considered an agency (and so needs to comply with the EAA 1973 and associated regulations) wherever they are acting as an intermediary between someone looking for work and a business looking to hire a member of
staff. An individual is typically considered an agency worker (and covered by these additional protections) if they have a contract with an agency but work temporarily for and under the control of a separate business. There is more information on the rights of agency workers on gov.uk at the following link (www.gov.uk/agency-workers-your-rights). Whether the business
activity your constituent describes could be considered as agency work (and the resulting impact on their entitlement) depends on the factual and contractual reality in each situation.
I hope you will appreciate that the Government cannot comment on or provide legal advice about individual situations, but I hope the information provided is helpful in addressing your constituent’s concerns. They may wish to share details of their experience with EAS and can do this by email ([email protected]) or phone (020 7215 4477). EAS will then make an initial assessment to determine if there is anything that might fall within their remit. If so, they will work investigate it and with the agent to address any potential issues and take enforcement action where necessary.
Thank you again for taking the time to write, I hope this is helpful.
Yours ever,
KEVIN HOLLINRAKE MP
Parliamentary Under Secretary of State – Department for Business and Trade
It seems I have nothing to lose by emailing the EAS. Again, will let you know how I get on.