Section 27BX — Employment Rights Act 1996: Agency workers

Agency workers 27BX 1 This section applies in relation to—

a a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and b a right conferred on an agency worker in respect of a hirer or a work-finding agency, by or under any provision of Chapter 5 (including Schedule A1).

2 The duty or right is excluded if—

a the agency worker is supplied to work for and under the supervision and direction of the hirer by virtue of a worker’s contract (“the contract”) that the agency worker has with another person (“the other party”),

b a relevant collective agreement contains—

i terms that expressly exclude the duty or right, and ii terms that expressly replace the excluded duty or right, c the terms within paragraph (b)(ii) are incorporated into the contract, and d the other party notifies the agency worker in writing of the incorporation and effect of those terms.

3 A relevant collective agreement is a collective agreement that is—

a in writing, and b made by or on behalf of—

i one or more trade unions which each have a certificate of independence, and ii the other party.