Posted on Jul 15, 2016 in business law, employees rights, employers obligations, Employment Law, employment law solicitor


For various commercial reasons a lot of businesses employ a huge amount of their workforce through agencies. However, a lot of businesses are unsure as what their obligations are to these employees and whether it is the agency or themselves that are liable for any breaches of these obligations.

Under the Protection of Employees (Temporary Agency Work) Act 2012, agency workers must be treated equally to other employees.  This includes equality in relation to the duration of working time, night work, breaks, rest periods, annual leave and public holidays.  They are also entitled to equal basic pay, equal overtime pay, equal pay for shift premium work and Sunday work.  They are not however entitled to sick pay, bonuses, maternity pay, benefits in kind or occupational pension schemes.

It is also important to note that agency workers must have equal access to facilities such as childcare, the canteen and car parking.  They also must be informed of any permanent positions that come up in the company.  It should also be noted that the Protection of Employees (Temporary Agency Work) Act 2012 protects agency workers from being victimised for reporting their employers in relation to unequal treatment or breaches of their obligations.

It is you the employer and not the agency who are responsible for ensuring that these obligations are met. If the employee brings and employment or an equality claim, it is you the employer and not the agency who will be named as a defendant and who liable for any damages awarded.

If you feel that you have been treated unfairly as an agency work or you have any other queries in relation to employment law, please do not hesitate to contact us at our offices in Dublin (01 5255637) or Kildare (045 897784) or at

Hanahoe and Hanahoe Solicitors have office is Dublin and Naas and are specialist solicitors in areas of employment and litigation. We also have a large conveyancing, family law and commercial law practice.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of employment law, you should consult with our firm. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.


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