Many workers in warehouses, call centres and delivery networks are supplied by an agency or contractor, while the client firm's software allocates their shifts, sets their targets or decides whether they stay on the assignment. In Great Britain, section 41 of the Equality Act 2010 puts duties directly on that client firm, called the "principal", not only on the worker's employer. This page explains them.
The short answer: a principal must not discriminate against, harass or victimise a contract worker, including in the terms on which the worker is allowed to do the work, by not allowing them to do or continue the work, in access to benefits, facilities or services, or by any other detriment. A duty to make reasonable adjustments applies to the principal as well as to the worker's employer (s41).
Who is covered
- Principal: a person who makes work available for an individual who is employed by another person and supplied by that other person in furtherance of a contract to which the principal is a party, whether or not the supplier is a party to it (s41(5)).
- Contract worker: an individual supplied to a principal in furtherance of such a contract (s41(7)).
This can cover agency workers placed with a client and staff of an outsourcing contractor working at a client's site, where the supply arrangement fits that description.
What the principal must not do
A principal must not discriminate against a contract worker (s41(1)):
- as to the terms on which it allows the worker to do the work;
- by not allowing the worker to do, or to continue to do, the work;
- in the way it affords access, or by not affording access, to opportunities for receiving a benefit, facility or service;
- by subjecting the worker to any other detriment.
The same list applies to victimisation (s41(3)), and a principal must not harass a contract worker in relation to contract work (s41(2)).
Where AI tools come in
- Ending assignments: a tool that flags agency workers for removal from a site based on speed, errors or attendance is part of the principal's decision not to allow them to continue the work. If the flags disadvantage, for example, disabled or older workers, the principal is exposed under section 41(1)(b).
- Shift and task allocation: software that gives better shifts or easier tasks can affect the terms on which the worker does the work or their access to benefits.
- Adjustments: because the duty to make reasonable adjustments applies to the principal too (s41(4)), a client cannot leave every adjustment to the agency where the barrier is in its own systems, such as a scanning target or an app interface.
- Facilities: access to canteens, transport, training tools or site apps provided by the principal falls within access to facilities and services.
Practical steps
- Client firms: include agency and contractor staff when testing workforce tools for disadvantage, and agree with suppliers who handles adjustment requests, without assuming the duty sits only with them.
- Agencies and contractors: ask clients what automated tools will rate or remove your workers, and pass on concerns and adjustment requests in writing.
- Workers: a complaint about a client's tool can be made against the client as well as your employer; keep notes of what the tool did and when.
For the agency worker regulations on pay and facilities, see agency workers; for discrimination rules generally, the Equality Act and AI at work; and for the liability of agencies and vendors who help, instructing or helping discrimination.
This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
Can an agency worker bring a discrimination claim against the client company?
Section 41 of the Equality Act 2010 puts duties on the principal, the firm the worker is supplied to, not to discriminate against, harass or victimise contract workers, so the principal can be responsible as well as the employer.
Does the client have to make reasonable adjustments for agency workers?
Yes. Section 41(4) says a duty to make reasonable adjustments applies to a principal as well as to the employer of a contract worker.
Is ending an agency assignment because of an AI flag covered?
Not allowing a contract worker to do or continue the work is listed in section 41(1)(b), so a decision based on an automated flag is covered if it is discriminatory.