Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Latest NewsRecruitment & retentionTemporary employment

Recruitment agencies will not be forced to offer temporary staff full employment rights, says REC

by dan thomas 20 Jul 2006
by dan thomas 20 Jul 2006

The Recruitment and Employment Confederation (REC) has cast doubt on union claims that recruitment agencies may be forced to offer full employment rights to temporary workers, following a ruling by an employment tribunal.

The tribunal ruled that Sheila Ncube, who worked as an agency nurse for 24/7 Healthcare Agency, should have been considered a full-time employee, including rights of unfair dismissal, redundancy, maternity and paternity and holiday pay.

The case came to tribunal when 24/7 became insolvent and was taken over by another agency, TrustHealthcare, which refused to pay Ncube annual leave.

TrustHealthcare told her she was not entitled to annual leave pay as she was a temporary worker, not an employee, and when companies become insolvent they are not liable for temporary workers.

The Royal College of Nursing (RCN) advised Ncube to take the case to tribunal, which ruled against TrustHealthcare.

Kevin McNermey, RCN senior legal officer, said: “We are very pleased with the ruling â€“ this will be a major breakthrough for agency nurses, who are not always recognised by agencies as employees, leaving them in a vulnerable position.

“This decision will be far-reaching not only nurses, but for supply teachers, admin staff and for anyone who is with an agency, as they can have the same rights as employees.”

But Anne Fairweather, external relations manager at the REC, said the the ruling is “very unlikely” to set a precedent in terms of the employment status of agency nurses or other agency workers as the findings of employment tribunals are specific to the case taken alone

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“This case was taken under particular circumstances,” she said. “In order to claim her holiday pay, Ncube had to establish that she was an employee of the first agency for the provisions under the Transfer of Undertakings (Protection of Employees) legislation to have effect.  As an employee of the first agency she was therefore entitled to claim her holiday pay from the second agency.”


 

dan thomas

previous post
Good news and bad on railways as RMT recommends deal for signal staff while Aslef members opt to walk out in dispute with South West Trains
next post
Employers pay too much for corporate health plans

You may also like

Man who juggled four council jobs guilty of...

18 Jul 2025

House of Lords votes against day-one dismissal rights

18 Jul 2025

Government launches call for evidence on unpaid internships

18 Jul 2025

Hospitality made up 45% of latest job losses

18 Jul 2025

‘Window of opportunity’ to avert resident doctor strikes

18 Jul 2025

Jaguar Land Rover to lose 500 management roles

18 Jul 2025

Gender pay gaps narrow in 2024-25

17 Jul 2025

UK job vacancies fall to a 10-year low

17 Jul 2025

Zero-hours employees may have to request guaranteed hours

17 Jul 2025

How to avoid the ‘Netflix effect’ in learning...

17 Jul 2025

  • Empower and engage for the future: A revolution in talent development (webinar) WEBINAR | As organisations strive...Read more
  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+