Discrimination claims by agency-employed contract worker against principal

In LB Camden v (1) Pegg (2) Randstad Care (3) Hays Specialist Recruitment t/a Camden Agency for Temporary Supply the EAT held that where a contract worker, employed by an employment agency, is supplied to work for a third party (the principal), that worker will have the right to bring a claim against that principal for any discrimination suffered by the worker whilst working for the principal.

The fact that the contract worker is not obliged under his contract with the agency to accept all assignments that are offered to him to work for such third parties:

  • (a) does not lead to the conclusion that the contract worker is not employed by the agency; and hence
  • (b) will not defeat the contract worker’s right to bring a discrimination claim against a principal to whom he is assigned.