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#1 Posted : 08 January 2008 11:17:00(UTC)
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Posted By Darren (Daz) Fraser
Morning and a happy new year to you all

Hypothetical question I have been asked

Agency supplied staff member, has an accident that results in more than 3 days absence.

Who reports ? - the agency that supplies the staff (employee of the agency) or the company (customer of the agency) the agency supplies the staff too.

How could you determine that the agency would supply the same person for the following X number of days, or the company only required the temporory staff for 1 - 3 days.

All the agency representatives that I have spoken too are under the impression that it would be the responsibility of their customer (the company)rather than themselves, and some company representatives are under the impression it is the responsibility of the agency as it is their employee.

My own view is that the company should report as though it was a member of their own staff, would be most interested in others viewpoint.

If the temp then pursued a claim, who would they claim from, - the agency that they work for as an employee or the company that they worked at? and why.

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#2 Posted : 08 January 2008 11:24:00(UTC)
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Posted By Bob Youel

Depends on the amount of the direct 'control' you have over the individual [*AND the contract [terms and conditions] you have between you and the agency [*HSE info supplied on the 02-01-2008!]]

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#3 Posted : 08 January 2008 11:26:00(UTC)
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Posted By Heather Collins
This has been discussed before here at GREAT length with no agreement!

Try a search using the words agency and RIDDOR.

Here's one such thread. http://www.iosh.co.uk/in...iew&forum=1&thread=13439
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#4 Posted : 08 January 2008 12:56:00(UTC)
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Posted By Dave Daniel
There's an underlying issue. RIDDOR is an employer's duty. Who is the "employer"? Traditionally this was determined on the basis of contract of employment, payment of wages and tax, by which the Agency would fit the frame. Agencies regard their clients as the "employer" and themselves as merely "facilitators", but if you are the employer you take on additional responsibilities and you may not be happy with this.

This is an unresolved legal issue in which neither party wants to admit responsibility and there is no clear test case law to resolve the issue.

Check your contract with the Agency to see who they claim is the employer.
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#5 Posted : 08 January 2008 13:17:00(UTC)
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Posted By Anwar Afzal
If the agency staff was directly employed by the agency then it would be the agency who reports it, however if the individual is working on a self employed basis as a contractor to the agency and the company, then it is down to him/her to report it.

I hope this will clear the confusion
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#6 Posted : 10 January 2008 08:53:00(UTC)
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