Factsheet 5 - Liability for breach of the Regulations

No government department or independent body has been tasked with policing and enforcing the Regulations. Instead the Regulations will be enforced by agency workers pursuing claims in the Employment Tribunal. Such claims can either be brought against the client or agency or both, depending on the particular breach in question. Generally the liability will lie with the party that is responsible for the breach. In this Factsheet we look at the different issues relating to liability. Additionally we also look at the steps that agencies should take to minimise their liability, in particular in terms of the information that should be sought from clients to ensure that agency workers receive equal treatment. This factsheet provides a sample of those questions. It also looks at the remedies available to agency workers in the event of breaches of the Regulations.