Hello,

Agency worker works as a call centre operative at one of our locations (we tend to use agency workers as we have multiple contracts with various clients at our sites and the length of the contracts can vary)

The worker is pregnant. We carried out a new and expectant mother risk assessment and during this the worker said they would like to return to their current job role after her maternity leave. (6 months).

As the worker is employed through an agency and works on a temporary (albeit it sometimes very long term)contract we cannot guarantee the position will still be there. The agency will still employ the worker after the maternity leaves ends but cannot guarantee them the same position or even a position at our site. Would this be classed as discrimination?

Stonecold I don't think this is your problem.

The lady is employed by the Agency and is their employee and is probably on a contract of employment that will cover such eventualities.

In my opinion they will not hold open the position in your workplace for her because a lot can happen in the time it takes for maternity leave?

Yes, indeed, you need advice from YOUR HR on this.

Discrimination in itself is NOT illegal.

Norfolkboy is correct and there is of course case law that suggests that some workers who are regarded as ‘agency workers’ may in fact be employees of the end user! (LJ Sedley Court of Appeal - Ducas)

You need HR assistance!

as all of above.

I have phoned acas before as they give out employment advice. If you google you'll get their phone details

Lilian

Stonecold

By figuring out, on the basis of documentary evidence (in relation to the Employment Rights Act 1996) which organisation is responsible for the individual's contract of employment, you can then answer your question by reading The Equality Act 2010

Missing out the Agency Worker Regulations from that 'figuring out' is even less helpful!

Without being any sort of guru on this issue I would think that if the Agency has the duty to allow Stat. Maternity Leave and Stat. Maternity pay then the duty to allow the person to return to work in their current role would also be their's, not your's.