The Agency Workers (Amendment) Regulations have been published amending certain drafting errors in the Agency Workers Regulations 2010.
Under the amending Regulations: (i) the definition of agency worker is widened so that individuals who have a contract of employment with a temporary work agency or “any other contract to perform work and services personally” are covered; (ii) where permanent contracts providing for pay between assignments are used, the requirements are amended to clarify that temporary work agencies will not be obliged to find suitable work and pay agency workers, who are not working but are available for work, until after the end of the first assignment under the contract; (iii) the “reasonable steps” defence for breach of equal treatment in relation to ascertaining employment conditions is only available to temporary work agencies and not hirers as well, as previously.
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