Cases2601851/2024

Claimant v A-Day Consultants Limited t/a Academics

18 March 2025Before Employment Judge B ChapmanNottingham

Outcome

Claimant fails

Individual claims

Otherfailed

The claimant alleged that the respondent breached regulation 5 of the Agency Worker Regulations 2010, which relates to equal treatment rights for agency workers. The tribunal found that the respondent had not breached this regulation and dismissed the claim.

Facts

Mrs Bate worked as an agency worker through A-Day Consultants Limited trading as Academics. She brought a claim alleging that the respondent agency breached regulation 5 of the Agency Worker Regulations 2010, which provides equal treatment rights for agency workers after a qualifying period. The case was heard over two days in Nottingham.

Decision

The tribunal dismissed the claim, finding that the respondent had not breached regulation 5 of the Agency Worker Regulations 2010. Reasons were given orally at the hearing and the full reasoning was not included in the written judgment.

Practical note

Agency worker equal treatment claims under regulation 5 of the Agency Worker Regulations 2010 require clear evidence that the agency has failed to provide comparable terms and conditions after the qualifying period.

Legal authorities cited

Statutes

Agency Worker Regulations 2010 reg 5

Case details

Case number
2601851/2024
Decision date
18 March 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep