Date Published: 21 July 2006

Agency nurse wins UK Employment Rights case

Nottingham agency nurse, Sheila Ncube represented by the Royal College of Nursing (RCN) has won a landmark employment rights case, which has far-reaching implications for anybody who is temporary worker for an agency.

An Employment Tribunal held in June 2006 ruled that Ms Ncube has the right to be considered an employee of the nursing agency she worked for. This means full employment rights, including unfair dismissal, redundancy, maternity and paternity, the same as any nurse employed by their trust.

Ms NCube from Nottingham worked as an agency nurse for 24/7 Healthcare Agency until it became insolvent. Unaware that the agency had filed for insolvency Ms NCube put in her request for annual leave pay. 24/7 was later taken over by another agency, TrustHealthcare who refused to pay her annual leave even though she went through the appropriate channels. TrustHealthCare told her she was not entitled to annual leave pay as she was a temporary worker, not an employee and when companies become insolvent they are not liable for temporary workers.

Ms Ncube sought legal advice from the RCN, who took her complaint forward and began legal proceedings. The Employment Tribunal Chairman ruled that Ms Cube should be considered an employee of the agency; giving her the same entitlement as any other employee.

Ms Ncube said:

" I am very happy with the outcome, I do the same work as nurses who are employed by the hospitals and yet I did not have the same rights, until now. I hope this will help other nurses realise it's important to get the recognition as an employee. It is not about wanting more, just to be treated fairly."

Kevin McNermey, RCN Senior Legal Officer said:

" The RCN is very pleased with the ruling; this will be a major breakthrough for agency nurses, who are not always recognised by agencies as employees, leaving them in a vulnerable position. This decision will be far-reaching not only nurses, but for supply teachers, admin staff and for anyone who is with a agency as they can have the same rights as employees - including maternity, paternity rights and holiday pay. Whether you work for a trust, care home, or an agency - nurses are there to deliver care to patients and should all be given the same employment rights."

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