Commentary on Sections Part 8 – Time Off Work: Ante-Natal Care Etc Section 57ZR: Agency workers: supplementary
687.This section provides (subsection (1)) that the rights to paid and unpaid time off, and the right to present a complaint to a tribunal, do not apply if the agency worker has not completed the qualifying period, or if there is a break between assignments which means that he or she is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations 2010. Subsection (2) makes clear that the rights to paid and unpaid time off do not impose any duty on the hirer or agency which extends beyond the original intended duration of the assignment. Subsection (3) makes clear that if a person is entitled to take paid or unpaid time off as an employee, then they are excluded from taking paid time or unpaid time off as an agency worker.