| Commentary

(2) Agency workers

| Commentary

(2)     Agency workers

Agency workers are specifically catered for by WTR SI 1998/1833 reg 36. This addresses the situation where the worker has no contract (or at least no express contract) either with the agency or with the party to whom the services are provided (now generally referred to as the end-user, although the WTR use the term 'principal' and in the Agency Workers Regulations 2010 (see below) the term used is 'hirer'). Regulation 36 stipulates that in such cases, whichever of the agency or the end-user is responsible for paying the individual will be the worker's employer

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