“(1) This section applies in any case where an individual (the ‘agency worker’)—

(a) is supplied by a person (the ‘agent’) to do work for another (the ‘principal’) under a contract or other arrangements made between the agent and the principal,

(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 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 any profession or business undertaking carried on by the individual.

(2) The provisions of this Chapter (other than this section) have effect as if there were a worker’s 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.

(3) For the purposes of Part 2 of the Employment Rights Act 1996 (protection of wages), as it applies in relation to the entitlements conferred by sections 38(2) and 39(5)—

(a) if at any time the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter would not (apart from this subsection) be regarded as the worker and the employer for the purposes of that Part, they are to be so regarded;

(b) it is to be assumed that there was a worker’s contract between those persons at that time.

(4) If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section 38(2) or (3) or 39(5) or (6) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.

(5) Any reference in this section to doing work includes a reference to performing services, and ‘work’ is to be read accordingly.”—(Justin Madders.)

This new clause reproduces the provision previously found in clause 46(2) to (4) that ensures that the provisions of Chapter 2 of Part 3 also apply in relation to agency workers who are not otherwise “workers” as defined by clause 46. It also ensures that, where an agency worker does not have a worker’s contract, this does not prevent the agency worker from bringing a claim in an employment tribunal under Part 2 of the Employment Rights Act 1996, or in civil proceedings on a claim in contract, for a failure to pay the remuneration to which the agency worker would be entitled as a result of an agreement or regulations under Chapter 2.

Brought up, and added to the Bill.