What is the difference between agency employment and temporary transfer of employment where a third party is injured? Explain with reference to case law and relevant legislation.

Agency work (Johnstone & Quinlan, 2005) often comes across as a way in which certain principal employers attempt to circumvent the arms of Law to evade or at least complicate the manner in which Occupational Health and safety Laws and their application can be avoided. The reason behind this is because the principal employer outsources the job for which the contracting agency hires the workers who undertake the tasks which are required to be fulfilled by the Principal employer. In this regard, what is noteworthy is that even though the workers are undertaking the tasks belonging to the host employers, it is for the temporary basis and notwithstanding the fact that the risks posed by the tasks and the working environment which are totally the responsibility of the host employer, can be circumvented owing to the indirect relationship with the workers because of the triangular relationship between the host employer and the actual workers. The major problem that arises in this regard is that in the case of agency employment, there is great risk in terms of relief available in case of injury to the workers or to third party workers. (Johnstone & Quinlan, 2005)What happens in such cases; is that the agency which hires the workers claims that the workers were working under the directions of the host employer or the principal employer. On the other hand, the principal employer claims that the agency has hired the workers and as such it should be held liable for the injury caused to the third party or the workers of the agency which has provided the workers. This creates confusion and provides a scope for legal manipulation thereby denying or at least delaying grant of relief to the aggrieved which is a reason for concern because despite government attention on the matter for a very long time now, there have not been too many legislative efforts to regulate the area. On the other hand in cases of temporary transfer of business, the whole job is outsourced and along with it the responsibility to compensate is also transferred. (Pickering, 2010)

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