Agency worker status
Agency worker status

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Agency worker status
  • Implying a contract of employment with the end user
  • When a contract may be implied
  • Other case law
  • Approved EAT guidance

Coronavirus (COVID-19): The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045, in force (in relation to England only) from 12am on 28 September 2020, set out mandatory periods for self-isolation and a duty on those who have tested positive for coronavirus (COVID-19) to notify the Secretary of State of the names of people in the same household as anyone who has tested positive. The regulations also introduce a number of offences, punishable by fines, including for an employer to knowingly permit a worker (including an agency worker) to attend any place other that where the individual is self-isolating (including quarantine). This includes individuals who are required to self-isolate because they live with someone who has tested positive. The regulations also require a worker to notify their employer that they are self-isolating and to provide prescribed details. Parties in an agency worker arrangement (agency worker, agent, principal) have obligations to provide information to other parties. For further information, see LNB News 28/09/2020 46 and Employment Analysis: New self-isolation obligations on employers and workers that carry criminal sanctions.

There are three important areas in which the basic position of an agency worker is affected by the law:

  1. the regulation of employment agencies and businesses

  2. equal treatment of agency workers under the Agency Workers Regulations 2010, and

  3. the employment protection rights

Related documents:

Popular documents