I suspect that my assignments are being manipulated to avoid me meeting the 12 week qualifying period for equal treatment. Is there anything I can do?

In these circumstances it is best to speak to your union (or an advice agency if you are not a union member) as they will be able to advise on your specific situation.  The Agency Workers Regulations include provisions which seek to prevent hirers and agencies from hiring you on a succession of assignments, or from rotating you within an organisation, in order to prevent you from qualifying for equal treatment rights.

The anti avoidance provisions apply if:

• You have been moved to more than 2 substantively different roles with the hirer (or within a company associated with the hirer) or you had been hired on a succession of more than 2 assignments with a hirer.
• The most likely reason why you were rotated or hired on the succession of assignments was because the agency or hirer (or associated company) intended to prevent you from qualifying for equal treatment.
• You would have qualified for equal treatment if you had not been moved or hired on a succession of assignments.

Where an Employment Tribunal decides that a hirer or agency has breached these anti-avoidance provisions, they can award you up to £5,000.

It is a good idea to keep detailed records of your assignments, including who you worked for and for how long and any breaks you had from work, including for holiday, sickness or where the employer did not require you. This information may assist in assessing whether the anti-avoidance measures apply.