Paragraph 11 I1

After section 47H (inserted by paragraph 10) insert—

“Agency workers and Schedule A1 rights

47I

(1)

An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that the agency worker—

(a)

accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(b)

rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(c)

declined to work a shift (or part of a shift) on the basis of a reasonable belief that there had been a failure to comply with a duty imposed by paragraph 14 or 15 of Schedule A1 in relation to the shift,

(d)

brought proceedings under—

(i)

paragraph 8 or 9 of Schedule A1,

(ii)

paragraph 19 of Schedule A1,

(iii)

paragraph 26 of Schedule A1, or

(iv)

section 27BY(5), or

(e)

alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the agency worker referred to the possibility of bringing such proceedings).

(2)

The reference in subsection (1)(b) to an agency worker who rejected an offer includes a reference to an agency worker who is to be treated as having rejected an offer (see paragraph 6(5) of Schedule A1).

(3)

It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the agency worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(4)

An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that—

(a)

the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the agency worker and a particular reference period, or

(b)

the relevant person believes that that duty so applies.

(5)

This section does not apply where—

(a)

the worker is an employee of the relevant person, and

(b)

the detriment in question amounts to dismissal within the meaning of Part 10.

(6)

For the purposes of this section, a person is a “relevant person”, in relation to an agency worker, if the person is (or has been)—

(a)

a work-finding agency with which the agency worker has a worker’s contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of another person;

(b)

a person for and under the supervision and direction of whom the agency worker is (or is to be) supplied to work;

(c)

a person who is (or is to be) involved in the supply of the agency worker to a person falling within paragraph (b) or the payment of the agency worker for work done for such a person.

(7)

In this section—

• “agency worker” has the same meaning as in Part 2A (see section 27BV);

• “reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4));

• “work-finding agency” has the same meaning as in Part 2A (see section 27BV).”