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The Agency Workers Regulations 2010

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The meaning of agency workerE+W+S

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3.—(1) In these Regulations “agency worker” means an individual who—

(a)is supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer; and

(b)has a contract with the temporary work agency which is—

(i)a contract of employment with the agency, or

[F1(ii)any other contract with the agency to perform work or services personally.]

(2) But an individual is not an agency worker if—

(a)the contract the individual has with the temporary work agency has the effect that the status of the agency is that of a client or customer of a profession or business undertaking carried on by the individual; or

(b)there is a contract, by virtue of which the individual is available to work for the hirer, having the effect that the status of the hirer is that of a client or customer of a profession or business undertaking carried on by the individual.

(3) For the purposes of paragraph (1)(a) an individual shall be treated as having been supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer if—

(a)the temporary work agency initiates or is involved as an intermediary in the making of the arrangements that lead to the individual being supplied to work temporarily for and under the supervision and direction of the hirer, and

(b)the individual is supplied by an intermediary, or one of a number of intermediaries, to work temporarily for and under the supervision and direction of the hirer.

(4) An individual treated by virtue of paragraph (3) as having been supplied by a temporary work agency, shall be treated, for the purposes of paragraph (1)(b), as having a contract with the temporary work agency.

(5) An individual is not prevented from being an agency worker—

(a)because the temporary work agency supplies the individual through one or more intermediaries;

(b)because one or more intermediaries supply that individual;

(c)because the individual is supplied pursuant to any contract or other arrangement between the temporary work agency, one or more intermediaries and the hirer;

(d)because the temporary work agency pays for the services of the individual through one or more intermediaries; or

(e)because the individual is employed by or otherwise has a contract with one or more intermediaries.

(6) Paragraph (5) does not prejudice the generality of paragraphs (1) to (4).

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