http://www.legislation.gov.uk/nisr/2011/350/section/12THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011Temporary employmentEmployment terms and conditionsEmployment regulationsEmployment rightsHealth and safety at workenEMPLOYMENTStatute Law Database2025-02-06Expert Participation2023-09-29 These Regulations, which are made under section 2(2) of the European Communities Act 1972 (c.68), and Articles 17(1), (2) and (5), 55(2) of, and paragraphs 6, 7 and 14(1) of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978, implement in Northern Ireland Council Directive 2008/104/EC of 19th November 2008 on temporary agency work (OJ L 327, 5.12.2008, p.9). This Directive establishes a general framework for protection of temporary agency workers. The Regulations provide certain rights for temporary agency workers including in relation to basic working and employment conditions. PART 2121An agency worker has during an assignment the right to be treated no less favourably than a comparable worker in relation to the collective facilities and amenities provided by the hirer.2The rights conferred by paragraph (1) apply only if the less favourable treatment is not justified on objective grounds.3“Collective facilities and amenities” includes, in particular—acanteen or other similar facilities;bchild care facilities; andctransport services.4For the purposes of paragraph (1) an individual is a comparable worker in relation to an agency worker if at the time when the breach of paragraph (1) is alleged to take place—aboth that individual and the agency worker are—iworking for and under the supervision and direction of the hirer, andiiengaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification and skills;bthat individual works or is based at the same establishment as the agency worker or, where there is no comparable worker working or based at that establishment who satisfies the requirements of sub-paragraph (a), works or is based at a different establishment and satisfies those requirements; andcthat individual is an employee of the hirer or, where there is no employee satisfying the requirements of sub-paragraphs (a) and (b), is a worker of the hirer and satisfies those requirements.Reg. 12 in operation at 5.12.2011, see reg.1