C1Part 1Pension scheme membership for jobholders
Chapter 8Application and interpretation
Workers
C289Agency workers
1
This section applies to an individual (“the agency worker”)—
a
who is supplied by a person (“the agent”) to do work for another person (“the principal”) under a contract or other arrangements made between the agent and the principal,
b
who is not, as respects that work, a worker, because of the absence of a worker's contract between the individual and the agent or the principal, and
c
who is not a party to a contract under which the agency worker undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of a profession or business undertaking carried on by the individual.
2
Where this section applies, the other provisions of this Part have effect—
a
as if there were a worker's contract for the doing of the work by the agency worker, made between the agency worker and the relevant person under subsection (3), and
b
as if that person were the agency worker's employer.
3
The relevant person is—
a
whichever of the agent and the principal is responsible for paying the agency worker in respect of the work, or
b
if neither the agent nor the principal is responsible for doing so, whichever of them pays the agency worker in respect of the work.
Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)