Commentary

(b) Anti-avoidance (1): working in the same role

Division AI Categories of Worker
| Commentary

(b) Anti-avoidance (1): working in the same role

| Commentary

(b)     Anti-avoidance (1): working in the same role

Under SI 2010/93 reg 7(3), an agency worker is to be taken to work in 'the same role' unless:

  1.  

    (a)     he or she has started a new role with the same hirer, whether supplied by the same or a different agency;

  2.  

    (b)     the work or duties making up the whole or the main part of that new role are substantively different from the work or duties making up the whole or the main part of the previous role; and

  3.  

    (c)     the agency has informed him or her in writing of

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