Q&As

Is the supply of care workers to individual clients by an employment business caught by the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013?

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Published on LexisPSL on 05/08/2016

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Is the supply of care workers to individual clients by an employment business caught by the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013?
  • Parties
  • Services
  • Consumer Contracts Regulations 2013
  • Employment businesses

The Consumer Rights Act 2015 (CRA 2015) covers consumer rights and remedies for the sale of goods and supply of digital goods and services, and reform of the law on unfair terms in consumer contracts.

Section 1 of the CRA 2015 provides: ‘This Part applies where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement is a contract.’

Parties

Section 2 of the CRA 2015 provides definitions for key terms. ‘Consumer’ means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession. The trader bears the burden of showing that an individual is not a consumer. The Competition and Markets Authority (CMA) has published guidance on the CRA 2015 which says that it considers that the words ‘wholly or mainly’ clearly invite consideration of transactions that are entered into for a mixture of personal and business reasons. The CMA believes that, in cases of doubt, an individual is pre

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