Definition – Agency Workers
The Regulations do not apply to workers who have found a ‘perm’ job with a client, even if they were introduced by an agency. The Regulations apply to individuals who meet the definition of an agency worker. The Regulations define an agency worker as:
• an individual;
• who is supplied by a temporary work agency to work temporarily under the supervision and direction of a hirer; and who
• has a contract of employment or any other type of contract (a contract for services for example) under which they provide their service personally for the agency
Workers who are genuinely in business on their own account (i.e. genuinely self-employed) will not be within scope. Workers working on managed service contracts (i.e. those where the supplier rather than the hirer, manages or directs staff such as in an outsourced IT contract or catering contract) are excluded. However they will be within scope of the Regulations if either (1) in reality, the hirer, rather than the managed service supplier, supervises and directs the staff or (2) they are supplied by another agency to the managed service provider.
