We've recently been talking to a prestigious business in the City and they asked our view on the Agency Workers Directive http://www.bis.gov.uk/policies/employment-matters/strategies/awd, which we thought may also be helpful for your business.

Although it's over a year away, The Directive, when implemented in the UK, will require that Agency Worker's receive equal treatment compared with permanent workers, which has implications for the provision of health benefits.

Under the Regulations, an agency worker, from day 1 of an assignment, has the right not to be treated less favourably than a permanent worker, particularly in relation to access to collective facilities and amenities, which would include gyms, canteens and on-site medical facilities.

There is, however, an exception to the rule. Less favourable treatment (i.e. refusing access) may be justified on objective grounds if it can be shown that such refusal is necessary and appropriate to achieve a legitimate and genuine business objective i.e. costs savings.

So if the extra cost of having to make medical facilities available to the agency workers would be disproportionate when compared with the benefit that those agency workers would receive, then the employer may be justified in refusing to provide the medical facilities to its agency workers.

The business we were talking to believed there may be an exemption for health-related benefits, such as health insurance or health screens, possibly even for on-site medical services, however, we'd suggest that in the lack of any precedent, it's best to seek independent legal advice on the matter, pertinent to the structure of your benefits provision.

Blossoms instructed employment law specialists h2o law http://www.h2o-law.com to help consolidate our views.