Coronavirus Act 2020

PART 5 General

Application of this Schedule to agency workers

30 (1) This paragraph applies in relation to a worker who is supplied by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal.

(2) Where the worker gives notice and a certificate under paragraph 1(2) to the employer, the employer must as soon as reasonably practicable provide copies of them—

(a) if the employer is the agent, to any principals to whom the worker was to be supplied during the period specified in the certificate,

(b) if the employer is a principal, to the agent, and

(c) if the employer is neither the agent nor a principal, to the agent and any principals to whom the worker was to be supplied during the period specified in the certificate.

(3) For the purposes of the provisions mentioned in sub-paragraph (4) references to the worker’s employer are to be read as including—

(a) the agent, and

(b) any principals to whom the worker was to be supplied during the period specified in the certificate,

(where they would not otherwise be the worker’s employer).

(4) The provisions referred to in sub-paragraph (3) are—

(a) in paragraph 9, section 47H (right not to be subjected to detriment by employer: Great Britain);

(b) in paragraph 20, Article 70G (right not to be subjected to detriment by employer: Northern Ireland).

Interpretation

31 (1) This paragraph applies for the interpretation of this Schedule.

(2) In relation to England and Wales and Scotland, the following terms have the meaning given by section 230 of the Employment Rights Act 1996—

• “contract of employment”,

• “employed”,

• “employee”,

• “employer”,

• “employment”,

• “worker”,

• “worker’s contract”.

(3) In relation to Northern Ireland, the following terms have the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))—

• “contract of employment”,

• “employed”,

• “employee”,

• “employer”,

• “employment”,

• “worker”,

• “worker’s contract”.

(4) “Emergency volunteering leave” has the meaning given by paragraph 1.

(5) “Health or social care” has the meaning given by section 9 of the Health and Social Care Act 2008.

(6) “Week” means any period of 7 consecutive days.

(7) “Working day” means a day other than—

(a) a Saturday or a Sunday,

(b) Christmas Day or Good Friday, or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Regulations

32 A power to make regulations under this Schedule includes power to make consequential, supplementary, incidental, transitional or saving provision.

33 (1) Regulations made by the Secretary of State under this Schedule are to be made by statutory instrument.

(2) A statutory instrument containing regulations made by the Secretary of State under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

34 (1) Regulations made by the Department for the Economy in Northern Ireland under this Schedule may contain only provision which—

(a) would be within the legislative competence of the Northern Ireland Assembly, and

(b) would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(2) The power of the Department for the Economy in Northern Ireland to make regulations under this Schedule is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(3) Regulations under this Schedule made by the Department for the Economy in Northern Ireland are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.