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The Agency Workers Regulations 2010

S.I. 2010/93 · Made 20 January 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2026.

Terms And Conditions Of Employment

Made 20th January 2010

Laid before Parliament 21st January 2010

Coming into force 1st October 2011

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to employment rights and duties M2.

The Secretary of State makes these Regulations—

  1. (a)

    in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 15(1), (2) and (5) and 82(3) of, and paragraphs 7, 8 and 15(1) of Schedule 3 to, the Health and Safety at Work etc Act 1974 F1, (“the 1974 Act”); and

  2. (b)

    independently of any proposals submitted by the Health and Safety Executive under section 11(3) of the 1974 Act.

The Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate, as required by section 50(1AA) of the 1974 Act M3.C1

Annotations to the whole text

Textual amendments

F1

1974 c.37. Section 15(1) was substituted by the Employment Protection Act 1975 (c.71), section 116 and Schedule 15, paragraph 6 and amended by SI 2002/794, article 5(2) and Schedule 2. Section 82(3)(b) was amended by the Railways and Transport Safety Act 2003 (c.20), section 105(3)(a).

Marginal citations

M1

1972 c.68.

M2

SI 2000/738.

M3

Section 50(1AA) was inserted by SI 2008/960, articles 3 16(1) and (2).

Modifications

C1

Regulations modified (E.W.S.) (30.7.2020) by The Posted Workers (Agency Workers) Regulations 2020 (S.I. 2020/384), regs. 1(1), 3 (with reg. 5)

Contents

  1. Part 1: General and Interpretation
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3The meaning of agency worker
  5. 4The meaning of temporary work agency
  6. Part 2: Rights
  7. 5Rights of agency workers in relation to the basic working and employment conditions
  8. 6Relevant terms and conditions
  9. 7Qualifying period
  10. 8Completion of the qualifying period and continuation of the regulation 5 rights
  11. 9Structure of assignments
  12. 10Permanent contracts providing for pay between assignments Repealed
  13. 11Calculating the minimum amount of pay Repealed
  14. 12Rights of agency workers in relation to access to collective facilities and amenities
  15. 13Rights of agency workers in relation to access to employment
  16. Part 3: Liability, Protections and Remedies
  17. 14Liability of temporary work agency and hirer
  18. 15Restrictions on contracting out
  19. 16Right to receive information
  20. 17Unfair dismissal and the right not to be subjected to detriment
  21. 18Complaints to employment tribunals etc
  22. 18AExtension of time limit to facilitate conciliation before institution of proceedings
  23. 19Calculating a week's pay
  24. 20Liability of employers and principals
  25. Part 4: Special Classes of Person
  26. 21Crown employment and service as a member of the armed forces
  27. 22House of Lords staff
  28. 23House of Commons staff
  29. 24Police service
  30. Part 5: Amendments to legislation
  31. 25Amendments to legislation
  32. Signature
  33. Schedule 1: PROVISIONS EXTENDING TO ENGLAND AND WALES, SCOTLAND AND NORTHERN IRELAND
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. 3Paragraph 3
  37. 4Paragraph 4 Repealed
  38. Schedule 2: CONSEQUENTIAL AMENDMENTS
  39. Part 1: PRIMARY LEGISLATION
  40. 1The Trade Union and Labour Relations (Consolidation) Act 1992
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. 5Paragraph 5
  45. 6Paragraph 6
  46. 7Paragraph 7
  47. 8The Employment Tribunals Act 1996
  48. 9The Employment Rights Act 1996
  49. 10Paragraph 10
  50. 11Paragraph 11
  51. 12Paragraph 12
  52. 13Paragraph 13
  53. 14Paragraph 14
  54. 15Paragraph 15
  55. 16Paragraph 16
  56. Part 2: OTHER LEGISLATION
  57. 17The Management of Health and Safety at Work Regulations 1999
  58. 18Paragraph 18
  59. 19Paragraph 19
  60. 20Paragraph 20
  61. 21The Information and Consultation of Employees Regulations 2004
  62. 22Paragraph 22
  63. 23Paragraph 23
  64. 24Paragraph 24
  65. 25Paragraph 25
  66. 26Paragraph 26
  67. 27Paragraph 27
  68. 28The Transfer of Undertakings (Protection of Employment) Regulations 2006
  69. 29Paragraph 29
  70. 30The European Cooperative Society (Involvement of Employees) Regulations 2006
  71. 31Paragraph 31
  72. 32Paragraph 32
  73. 33Paragraph 33
  74. 34Paragraph 34
  75. 35Paragraph 35
  76. 36Paragraph 36
  77. 37Paragraph 37
  78. 38Paragraph 38
  79. 39The Companies (Cross-Border Mergers) Regulations 2007 Repealed
  80. 40Paragraph 40 Repealed
  81. 41Paragraph 41 Repealed
  82. 42Paragraph 42 Repealed
  83. 43Paragraph 43 Repealed
  84. 44Paragraph 44 Repealed
  85. 45Paragraph 45 Repealed
  86. 46Paragraph 46 Repealed
  87. 47The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009
  88. 48Paragraph 48
  89. 49Paragraph 49
  90. 50Paragraph 50
  91. 51Paragraph 51
  92. 52Paragraph 52
  93. Explanatory note