| Commentary

(i) Agency workers

| Commentary

(2)     Who has the right?

(i)     Agency workers

These Regulations apply to 'agency workers', who are defined in reg 3 in a way which does not depend directly on the general definitions of 'employee' and 'worker' in the ERA 1996. An agency worker is defined in SI 2010/93 reg 3(1) as 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 a temporary work agency which is—(i) a contract of employment with the agency, or

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