If someone is on a recruitment agency contract do they have the same rights with regards to Disciplinary and Capability?

The reason i ask is that my brother has just been let go from a temporary position, this in itself is not unusual as the position states it is ‘temporary’ but it is the way in which it was done by the agency.

He was called over to one of the recruiters at the end of a days work and told not to bother to come in anymore. This was infront of all of the other workers. When he asked why the recruiter replied “it was because of your illness record and days off.” As he has had 0 illness days or any days off other than the normal since he started in september he questioned this. The reply he got was “well it must be your performance then.”

Now i have been a manager for 7 years and although have never had to deal with employment law and agency workers i have never myself or heard of a termination of contract ever being dealt with in this way. It makes me angry that the recruitment consultant was so arrogant as to embarrass someone like this.

I intend to have a chat with the manager of the recruitment consultancy, not to get this job re-instated but to discuss the best practices of the consultancy with them and want to have my facts straight first.

Do agency workers have to have the same performance management as full time staff if this is the reason for termination of employment ie. Capability interviews and Disciplinary procedures and are they allowed to get away with terminating someones contract in such a discraceful way?

Any information would be appreciated

Many Thanks

Jay Jeffrey
Jamerson Jeffrey