The Employment Appeal Tribunal decided that the Agency Workers Regulations 2010 did not apply to a group of agency workers who were assigned to one hirer for periods ranging between six and 25 years. Each worker was employed by the agency and had a written statement of particulars which contained many of the features of a permanent contract of employment.

The Regulations define “agency worker” as “an individual who is supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer”. “Temporary” in this context mean not permanent. For employment purposes, a permanent contract is generally regarded as one which is open-ended in duration, terminable on proper notice being given. The arrangements under which the claimants worked were indefinite; therefore they were excluded from the scope of the Regulations. (Moran and others v Ideal Cleaning Services Ltd and another UKEAT0274/13)