Section 89 — Pensions Act 2008: Agency workers

Agency workers 89 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.