Corrections to the Agency Workers Regulations 2010
10 August 2011
Some drafting errors in the original Agency Workers Regulations 2010 have now been corrected as follows:
- ‘Agency worker` as defined in regulation 3 has changed from:
Requiring the agency worker to have a contract with the agency which is either an employment contract or "any other contract to perform work and services personally for the agency" to "any other contract with the agency to perform work or services personally".
Thus, it is now clear that the worker does not need to working for the agency itself.
- Clarity as to when the ‘Swedish derogation` applies by removing a minor drafting error in the requirements in regulation 10(1)(c).
- Making clear that an agency, to avoid liability for breach of the Regulations by a hirer, need only take reasonable steps to obtain information about the hirer`s terms and conditions (regulation 14).
For more information on the regulations, please see Employmentbuddy`s audit which businesses can complete to see if they identify whether will be caught by the Regulations. Full buddy members can access our Agency Workers Regulations Audit free of charge and other users can purchase this for the fee of £75 plus VAT.
Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
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