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Regulation 14 Agency workers not otherwise mobile workersI1

Northern Ireland

(1)

This regulation applies in any case where an individual (“the agency worker”) –

(a)

is supplied by a person (“the agent”) to do the work of a mobile worker for another (“the principal”) under a contract or other arrangements made between the agent and the principal; but

(b)

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)

is not a party to a contract under which he 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 or any profession or business undertaking carried on by the individual.

(2)

In a case where this regulation applies, the other provisions of these Regulations shall have effect as if there were a contract for the doing of the work by the agency worker made between the agency worker and –

(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 so responsible, whichever of them pays the agency worker in respect of the work;

(c)

and as if that person were the agency worker’s employer.

Annotations

Commencement

I1

Reg. 14 in operation at 16.6.2005, see reg. 1