The Regulations require that as an agency worker you are treated as if you had been recruited directly by the hirer to do the same job. On a practical level, this means that equal treatment will need to be established in respect of the basic terms and conditions that apply to a comparable worker or a comparable employee engaged in the same role or doing broadly similar work taking into account the skills and qualifications of yourself and the comparable employee/worker. The comparable employee or worker must work at the same establishment as you or at another of the hirer’s establishments.
There may be a direct recruit who could serve as a ‘flesh and blood’ comparator to establish parity in pay and working conditions. However, if a ‘flesh and blood’ comparator cannot be found, then there may be an identifiable pay scale or a starting rate which the hirer and agency can use as a reference point.