The Labour Court issued a decision last month confirming that an agency worker’s entitlement to the same terms and conditions of employment as those doing the same work in the hiring entity does not extend to a right to representation during a disciplinary hearing. The request to give agency workers access to direct employee representatives of the hiring entity should be refused. 

Background

A warehouse operative working at a Tesco distribution warehouse took a number of complaints against his employer, an employment agency, about various difficulties that the employee had with his employment. One of his complaints was that he was not entitled to bring a witness or representative of his choice with him to a disciplinary hearing, in