Right for qualifying agency workers to be offered guaranteed hours

1 (1) A hirer must make a guaranteed hours offer to an agency worker in accordance with paragraph 2 after the end of every period—

(a) that is a reference period in relation to that agency worker and that hirer, and

(b) in relation to which the agency worker is a qualifying agency worker of the hirer.

(2) Paragraph 4 makes provision for exceptions to this duty, including in certain cases where the agency worker stops working for and under the supervision and direction of the hirer.

(3) An agency worker is a qualifying agency worker of a hirer in relation to a reference period if—

(a) during the reference period the agency worker worked for and under the supervision and direction of the hirer for a number of hours (the “reference period hours”),

(b) the reference period hours satisfy such conditions as to number, regularity or otherwise as are specified, and

(c) when the agency worker worked the reference period hours, it was not as an excluded agency worker.

(4) In relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, each of the following is a “reference period”—

(a) the initial reference period, and

(b) each subsequent reference period.

(5) “The initial reference period”, in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, means the period—

(a) beginning with—

(i) where the agency worker is working for and under the supervision and direction of the hirer on the day on which sub-paragraph (1) comes into force (“the commencement day”), the commencement day, or

(ii) where the agency worker is not so working, the first day after the commencement day on which the agency worker is working for and under the supervision and direction of the hirer, and

(b) ending with the specified day.

(6) A “subsequent reference period”, in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, means a period beginning and ending with the specified days.

(7) For the purposes of this Part of this Schedule—

(a) references to a “hirer” are to a person for and under the supervision and direction of whom agency workers are supplied to work;

(b) references to a “qualifying agency worker” are to an agency worker who is a qualifying agency worker of a hirer in relation to a reference period by virtue of sub-paragraph (3), and

(c) the reference period in relation to which the agency worker is a qualifying agency worker of the hirer is referred to as “the relevant reference period”.

(8) Nothing in this Part of this Schedule prevents a hirer from making one or more other offers to a qualifying agency worker to enter into a worker’s contract, at the same time as making a guaranteed hours offer.

(9) Regulations made under sub-paragraph (3)(b), (5) or (6) may, in particular, include provision to take account of time when an agency worker does not work for a specified reason.

(10) In this paragraph, “excluded agency worker” means an agency worker who is of a specified description.

Requirements relating to a guaranteed hours offer

2 (1) An offer by a hirer to a qualifying agency worker is a guaranteed hours offer for the purposes of this Part of this Schedule if it is an offer to enter into a worker’s contract and the worker’s contract will require the hirer to provide the qualifying agency worker with work, and the qualifying agency worker to do work, for a number of hours that reflects the reference period hours in the relevant reference period.

(2) The Secretary of State may by regulations provide that an offer by a hirer to a qualifying agency worker is a guaranteed hours offer for the purposes of this Part of this Schedule only if it also satisfies the condition in sub-paragraph (3).

(3) The condition referred to in sub-paragraph (2) is that—

(a) the offer sets out—

(i) the days of the week, and the times on those days, when the offered number of hours are to be provided and worked, or

(ii) a working pattern of days, and times of day, by reference to which the offered number of hours are to be provided and worked, and

(b) those days and times reflect, or that pattern reflects, when the qualifying agency worker worked the reference period hours in the relevant reference period.

(4) Where no regulations are in force under sub-paragraph (2) that apply in relation to an offer by a hirer to a qualifying agency worker, the offer is a guaranteed hours offer for the purposes of this Part of this Schedule only if it also proposes terms and conditions relating to when the offered number of hours are to be provided and worked (which need not be on particular days of the week, or at particular times on those days, or by reference to a particular working pattern of days or times of day).

(5) The Secretary of State may by regulations make provision about how it is to be determined—

(a) whether an offer reflects the number of hours worked by a qualifying agency worker during a reference period;

(b) where regulations are in force under sub-paragraph (2) that apply in relation to an offer, whether the offer reflects when hours were worked by a qualifying agency worker during a reference period.

(6) A guaranteed hours offer—

(a) must not propose a worker’s contract that is a limited-term contract unless it is reasonable for it to be entered into as such a contract, and

(b) must (in addition to what is required by or under sub-paragraphs (1) and (2) or sub-paragraphs (1) and (4)) propose terms and conditions of employment—

(i) that, taken as a whole, are no less favourable than the terms and conditions relating to matters other than working hours and length of employment under which the qualifying agency worker worked for and under the supervision and direction of the hirer during the relevant reference period, or

(ii) where paragraph 3 applies, that comply with sub-paragraph (2) of that paragraph.

(7) For the purposes of sub-paragraph (6)(a) it is reasonable for a worker’s contract to be entered into, between a hirer and a qualifying agency worker, as a limited-term contract only if—

(a) it is reasonable for the hirer to consider that the qualifying agency worker is only needed to perform a specific task and the worker’s contract provides for termination when the task has been performed,

(b) it is reasonable for the hirer to consider that the qualifying agency worker is only needed until the occurrence of an event (or the failure of an event to occur) and the worker’s contract provides for termination on the occurrence of the event (or the failure of the event to occur), or

(c) it is reasonable for the hirer to consider that there is only a temporary need of a specified description (not falling within paragraph (a) or (b)) for the qualifying agency worker to do work under the worker’s contract and the worker’s contract is to expire at a time when it is reasonable for the hirer to consider that the temporary need will come to an end.

(8) A guaranteed hours offer—

(a) must be made by no later than the specified day,

(b) must be made in the specified form and manner, and

(c) must be accompanied by specified information relating to the offer.

(9) The Secretary of State may by regulations make provision about when a guaranteed hours offer is to be treated as having been made.

(10) In this paragraph, “reference period hours”, in relation to a qualifying agency worker and a relevant reference period, has the same meaning as in paragraph 1(3).

Requirements relating to a guaranteed hours offer: supplementary

3 (1) This paragraph applies where, during the relevant reference period, the terms and conditions relating to matters other than working hours and length of employment under which the qualifying agency worker worked for and under the supervision and direction of the hirer were not the same throughout the relevant reference period.

(2) Where this paragraph applies, the guaranteed hours offer may propose terms and conditions of employment (in addition to what is required by or under paragraph 2(1) and (2) or paragraph 2(1) and (4)) that, taken as a whole, are less favourable than the most favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period, but only if—

(a) those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period, and

(b) the proposal of those terms by the hirer constitutes a proportionate means of achieving a legitimate aim.

(3) If a hirer relies on sub-paragraph (2) when making a guaranteed hours offer to a qualifying agency worker, the hirer must give to the qualifying agency worker a notice that—

(a) states that the hirer has done so, and

(b) explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.

(4) A notice under sub-paragraph (3) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see paragraph 2(8)).

Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer

4 (1) The duty imposed by paragraph 1(1) on a hirer in relation to a qualifying agency worker does not apply if, during the relevant reference period or the offer period, the qualifying agency worker stops working for and under the supervision and direction of the hirer in relevant circumstances.

(2) A guaranteed hours offer made by a hirer to a qualifying agency worker is to be treated as having been withdrawn if, during the response period, the qualifying agency worker stops working for and under the supervision and direction of the hirer in relevant circumstances.

(3) Relevant circumstances occur where—

(a) the qualifying agency worker declines to continue working under the supervision and direction of the hirer other than in circumstances in which the qualifying agency worker is entitled to do so without notice by reason of the hirer’s conduct;

(b) the hirer tells the work-finding agency, or other person, that has been supplying the qualifying agency worker to the hirer to stop supplying the qualifying agency worker and—

(i) the hirer’s reason for doing so (or, if more than one, the hirer’s principal reason for doing so) is a qualifying reason, and

(ii) in the circumstances (including the size and administrative resources of the hirer’s undertaking) the hirer has acted reasonably in treating the reason (or the principal reason) as a sufficient reason for telling the work-finding agency, or other person, to stop supplying the qualifying agency worker.

(4) In sub-paragraph (3)(b), “qualifying reason”, in relation to a qualifying agency worker, means a reason falling within sub-paragraph (5) or some other substantial reason of a kind such as to justify telling a work-finding agency, or other person, to stop supplying an agency worker doing work of the kind which the qualifying agency worker was supplied to the hirer to do.

(5) A reason falls within this sub-paragraph if it—

(a) relates to the capability or qualifications of the qualifying agency worker to do work of the kind which the qualifying agency worker was supplied to the hirer to do,

(b) relates to the conduct of the qualifying agency worker, or

(c) is that the qualifying agency worker could not continue to do work of the kind which the qualifying agency worker was supplied to the hirer to do without contravention (whether on the part of the qualifying agency worker, on the part of the hirer or on the part of the work-finding agency or other person that supplied the qualifying agency worker) of a duty or restriction imposed by or under any legislation.

(6) The Secretary of State may by regulations make provision for the duty imposed by paragraph 1(1) not to apply, or for a guaranteed hours offer that has been made to be treated as having been withdrawn, in other specified circumstances.

(7) Where, by virtue of sub-paragraph (2), a guaranteed hours offer made by a hirer to a qualifying agency worker is treated as having been withdrawn, the hirer must, by no later than the end of the response period, give a notice to the qualifying agency worker stating this to be the case.

(8) Where, by virtue of regulations under sub-paragraph (6)—

(a) a hirer who would otherwise have been subject to the duty imposed by paragraph 1(1) in relation to a qualifying agency worker and a particular reference period is not required to make a guaranteed hours offer to the qualifying agency worker, or

(b) a guaranteed hours offer made by a hirer to a qualifying agency worker is treated as having been withdrawn, the hirer must give a notice to the qualifying agency worker that states which provision of the regulations has produced the effect referred to in paragraph (a) or (b) (as the case may be).

(9) A notice under sub-paragraph (8) must be given by a hirer to a qualifying agency worker—

(a) where it is required to be given by virtue of paragraph (a) of that sub-paragraph, by no later than the end of the offer period;

(b) where it is required to be given by virtue of paragraph (b) of that sub-paragraph, by no later than the end of the response period.

(10) The Secretary of State may by regulations make provision about—

(a) the form and manner in which a notice under sub-paragraph (7) or (8) must be given;

(b) when a notice under sub-paragraph (7) or (8) is to be treated as having been given.

(11) In this paragraph—

“capability”, in relation to a qualifying agency worker, means the qualifying agency worker’s capability assessed by reference to skill, aptitude, health or any other physical or mental quality;

“the offer period”, in relation to a qualifying agency worker and the hirer for and under the supervision and direction of whom the agency worker worked, means the period beginning with the day after the day on which the relevant reference period ends and ending with—

(a) the day on which a guaranteed hours offer is made to the qualifying agency worker by the hirer, or

(b) if no guaranteed hours offer is made before the day specified under paragraph 2(8)(a) as the last day on which the hirer may make such an offer to the qualifying agency worker, that last day;

“qualifications”, in relation to a qualifying agency worker, means any degree, diploma or other academic, technical or professional qualification relevant to the work which the qualifying agency worker is supplied to the hirer to do;

“the response period”, in relation to a guaranteed hours offer made to a qualifying agency worker, means the period—

(a) beginning with the day after the day on which the offer is made, and

(b) ending with the specified day.

Acceptance or rejection of a guaranteed hours offer

5 (1) Where a hirer makes a guaranteed hours offer to a qualifying agency worker and the offer is not treated as having been withdrawn by virtue of paragraph 4(2) or regulations under paragraph 4(6), the qualifying agency worker may, by giving notice to the hirer before the end of the response period, accept or reject the offer.

(2) Where a qualifying agency worker gives notice under sub-paragraph (1) accepting an offer, the qualifying agency worker and the hirer that made the offer are to be treated as entering into a worker’s contract in the terms of the offer on the day after the day on which notice is given.

(3) But a qualifying agency worker and a hirer may agree, for the purposes of sub-paragraph (2), that the worker’s contract is to be treated as being entered into on a later day than the day mentioned in that sub-paragraph.

(4) If a qualifying agency worker to whom a guaranteed hours offer has been made does not give notice under sub-paragraph (1) before the end of the response period, the qualifying agency worker is to be treated as having rejected the offer.

(5) The Secretary of State may by regulations make provision about—

(a) the form and manner in which notice under sub-paragraph (1) must be given by a qualifying agency worker to a hirer;

(b) when notice given by a qualifying agency worker to a hirer under sub-paragraph (1) is to be treated as having been given.

(6) In this paragraph, “the response period” has the same meaning as in paragraph 4.

(7) Where—

(a) a hirer is permitted by section 27BUD(3) to withdraw a guaranteed hours offer (withdrawal of offer following incorporation of terms of collective agreement), and

(b) the hirer withdraws the offer by giving notice under that section, sub-paragraph (1) of this paragraph ceases to apply in relation to the offer when the notice is given.

Information about rights conferred by Part 1 of Schedule A1

6 (1) Where—

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

(b) it is reasonable to consider that the agency worker might become a qualifying agency worker of a hirer in relation to a reference period (whether the initial reference period, or a subsequent reference period, as defined in paragraph 1), the work-finding agency must take reasonable steps, within the initial information period, to ensure that the agency worker is aware of specified information relating to the rights conferred on agency workers by this Part of this Schedule.

(2) A work-finding agency that is subject to the duty in sub-paragraph (1) in relation to an agency worker must take reasonable steps to ensure that, after the end of the initial information period, the agency worker continues to have access to the specified information referred to in that sub-paragraph at all times when—

(a) the worker’s contract or (as the case may be) the arrangement so referred to continues to be in force, and

(b) it is reasonable to consider that the agency worker might become (or might again become) a qualifying agency worker of a hirer in relation to a reference period.

(3) “The initial information period”, in relation to an agency worker and the 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 a hirer, means the period of two weeks beginning with—

(a) where the worker’s contract or arrangement is in force on the day on which paragraph 1(1) comes into force (“the commencement day”), the commencement day, or

(b) where it is not in force on that day, the first day after the commencement day on which it is in force.

(4) But where, on the day referred to in sub-paragraph (3)(a) or (b), it was not reasonable to consider that the agency worker might become a qualifying agency worker of a hirer in relation to any reference period, sub-paragraph (3) is to be read as if it provided for “the initial information period” to mean the period of two weeks beginning with the day on which it becomes reasonable so to consider.

Complaints to employment tribunals against a hirer: grounds

7 (1) An agency worker may present a complaint to an employment tribunal that—

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) by the end of the last day of the offer period, the hirer has not made an offer to enter into a worker’s contract in compliance (or purported compliance) with that duty (whether because the hirer does not consider that the agency worker is a qualifying agency worker in relation to the reference period or for any other reason).

(2) An agency worker may present a complaint to an employment tribunal that—

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) the offer that the hirer has made to the agency worker in relation to that reference period to enter into a worker’s contract is not a guaranteed hours offer as described in—

(i) where regulations are in force under sub-paragraph (2) of paragraph 2 that apply in relation to the offer, sub-paragraphs (1) and (3) of that paragraph (read with any regulations in force under sub-paragraph (5)(a) or (b) of that paragraph), or

(ii) where no regulations are in force under sub-paragraph (2) of paragraph 2 that apply in relation to the offer, sub-paragraphs (1) and (4) of that paragraph (read with any regulations in force under sub-paragraph (5)(a) of that paragraph).

(3) An agency worker may present a complaint to an employment tribunal that—

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) the guaranteed hours offer that the hirer has made to the agency worker in relation to that reference period does not comply with paragraph 2(6).

(4) An agency worker may present a complaint to an employment tribunal that—

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) the guaranteed hours offer that the hirer has made to the agency worker in relation to that reference period is on terms requiring the hirer to provide, and the agency worker to do, less work than would have been the case if the hirer had not, during that reference period—

(i) limited (by whatever means) the number of hours of work that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer, or

(ii) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

for the sole or main purpose of the hirer being able to comply with the duty by making such a reduced offer.

(5) An agency worker may present a complaint to an employment tribunal that the duty imposed by paragraph 1(1) would have applied to a hirer in relation to the agency worker and a particular reference period if the hirer had not, during that reference period—

(a) limited (by whatever means) the number of hours of work that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer, or

(b) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

for the sole or main purpose of preventing the agency worker from satisfying, in relation to that reference period, the condition in paragraph 1(3)(a) or (b).

(6) A complaint under sub-paragraph (2), (3) or (4)—

(a) may be presented whether or not the offer in question has been accepted by the agency worker, but

(b) may not be presented in relation to an offer that is—

(i) treated as having been withdrawn by virtue of paragraph 4(2) or regulations under paragraph 4(6), or

(ii) withdrawn in accordance with section 27BUD(3) (withdrawal of offer following incorporation of terms of collective agreement).

(7) An agency worker may present a complaint to an employment tribunal that a hirer—

(a) has failed to give to the agency worker a notice under paragraph 4(7) or (8);

(b) has given to the agency worker a notice under paragraph 4(7) or (8)(b) in circumstances in which the hirer should not have done so;

(c) has given to the agency worker a notice in purported compliance with paragraph 4(8) that does not refer to any provision of the regulations or refers to the wrong provision.

(8) In this paragraph, “the last day of the offer period”, in relation to a reference period, means the day specified under paragraph 2(8)(a) as the last day on which a guaranteed hours offer may be made in relation to that reference period.

Complaints to employment tribunals against a work-finding agency: grounds

8 (1) An agency worker may present a complaint to an employment tribunal, against a relevant work-finding agency, that—

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) during that reference period the relevant work-finding agency—

(i) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer, or

(ii) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

for the sole or main purpose of enabling the hirer to comply with the duty by making an offer to the agency worker on terms requiring the hirer to provide, and the agency worker to do, less work than would otherwise have been the case.

(2) An agency worker may present a complaint to an employment tribunal, against a relevant work-finding agency, that the duty imposed by paragraph 1(1) would have applied to a hirer in relation to the agency worker and a particular reference period if the relevant work-finding agency had not, during that reference period—

(a) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer, or

(b) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

for the sole or main purpose of preventing the agency worker from satisfying, in relation to that reference period, the condition in paragraph 1(3)(a) or (b).

(3) A complaint under sub-paragraph (1)—

(a) may be presented whether or not an offer has been made by the hirer to the agency worker and, if it has, whether or not the offer has been accepted by the agency worker, but

(b) where an offer has been made, may not be presented where the offer is—

(i) treated as having been withdrawn by virtue of paragraph 4(2) or regulations under paragraph 4(6), or

(ii) withdrawn in accordance with section 27BUD(3) (withdrawal of offer following incorporation of terms of collective agreement).

(4) For the purposes of sub-paragraphs (1) and (2), references to a “relevant work-finding agency”, in relation to an agency worker, a hirer and a reference period, are to a work-finding agency with which the agency worker had a worker’s contract or arrangement by virtue of which the agency worker was (or could have been) supplied to work for and under the supervision and direction of the hirer during the reference period in question.

(5) An agency worker may present a complaint to an employment tribunal that a work-finding agency has failed to comply with—

(a) the duty imposed by paragraph 6(1);

(b) the duty imposed by paragraph 6(2).

Complaints to employment tribunals: time limits

9 (1) An employment tribunal must not consider a complaint under paragraph 7(1) unless it is presented before the end of the period of six months beginning with the day after the last day of the offer period (as defined in paragraph 7(8)).

(2) An employment tribunal must not consider a complaint under paragraph 7(2) unless it is presented before the end of the period of six months beginning with the day after the day when the offer referred to in that provision is made.

(3) An employment tribunal must not consider a complaint under paragraph 7(3) or (4) unless it is presented before the end of the period of six months beginning with the day after the day when the guaranteed hours offer referred to in that provision is made.

(4) An employment tribunal must not consider a complaint under paragraph 7(5) or 8(2) unless it is presented before the end of the period of six months beginning with the day after what would have been the last day of the offer period (as defined in paragraph 7(8)) if the duty in paragraph 1(1) had applied.

(5) An employment tribunal must not consider a complaint under paragraph 7(7)(a) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see paragraph 4(7) and (9)).

(6) An employment tribunal must not consider a complaint under paragraph 7(7)(b) or (c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given.

(7) An employment tribunal must not consider a complaint under paragraph 8(1) unless it is presented before the end of the period of six months beginning with the day after the last day of the offer period (as defined in paragraph 7(8)).

(8) An employment tribunal must not consider a complaint under paragraph 8(5)(a) unless it is presented before the end of the period of six months beginning with the day after the last day of the initial information period (see paragraph 6(3) and (4)).

(9) An employment tribunal must not consider a complaint under paragraph 8(5)(b) unless it is presented before the end of the period of six months beginning with the day on which the agency worker first becomes aware of the failure to which the complaint relates.

(10) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under paragraph 7 or 8 to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(11) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraphs (1) to (9).

Remedies

10 (1) Where an employment tribunal finds a complaint under paragraph 7 or 8 well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the respondent to the agency worker.

(2) The amount of compensation under sub-paragraph (1)(b) is to be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances to compensate the agency worker for any financial loss sustained by the agency worker which is attributable to the matter complained of.

(3) In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.

(4) For the purposes of sub-paragraph (2), “the permitted maximum” is—

(a) where the complaint is under paragraph 7(1), (2), (3) or (7) or 8(5), such number of weeks’ pay as the Secretary of State may specify in regulations;

(b) where the complaint is under paragraph 7(4) or (5) or 8(1) or (2), such amount as the Secretary of State may specify in regulations.

(5) For the purposes of determining the permitted maximum for an award of compensation to be paid by a hirer (where the complaint is under paragraph 7(1), (2), (3) or (7))—

(a) the amount of a week’s pay is (subject to paragraph (b)) the amount of average weekly remuneration received by the agency worker for working for and under the supervision and direction of the hirer in the reference period in question;

(b) the amount of a week’s pay is not to exceed the amount specified in section 227(1) (as amended from time to time).

(6) For the purposes of determining the permitted maximum for an award of compensation to be paid by a work-finding agency (where the complaint is under paragraph 8(5))—

(a) the amount of a week’s pay is (subject to paragraph (b)) the amount of average weekly remuneration received by the agency worker, in the relevant period, for working for and under the supervision and direction of a hirer (or, if more than one, all of the hirers taken together) by virtue of the worker’s contract or arrangement between the work-finding agency and the agency worker;

(b) the amount of a week’s pay is not to exceed the amount specified in section 227(1) (as amended from time to time);

(c) “the relevant period” means—

(i) where the worker’s contract or arrangement between the agency worker and the work-finding agency ceased to be in force on or before the date the complaint was presented to the employment tribunal, the period of 12 weeks (or, if it was not in force for 12 weeks, the shorter period for which it was in force) ending with the latest day before the last day on which it was in force on which the agency worker worked for and under the supervision and direction of the hirer, or (if more than one) one of the hirers, referred to in paragraph (a);

(ii) where the worker’s contract or arrangement between the agency worker and the work-finding agency did not so cease to be in force, the period of 12 weeks (or, if it had not then been in force for 12 weeks, the shorter period for which it had been in force) ending with the latest day before the date on which the complaint was presented to the employment tribunal on which the agency worker worked for and under the supervision and direction of the hirer, or (if more than one) one of the hirers, referred to in paragraph (a);

(d) Chapter 2 of Part 14 does not apply (and this paragraph applies instead), where the agency worker to whom compensation is to be paid is an employee of the work-finding agency.

Power to change the effect of Part 1 of Schedule A1

11 (1) The Secretary of State may by regulations make provision that, in relation to specified descriptions of agency workers, has the effect that—

(a) a hirer is not required by this Part of this Schedule to make a guaranteed hours offer, and

(b) a work-finding agency, or another person involved in the supply or payment of an agency worker, is instead required to make a corresponding or similar offer (and is liable to have a complaint against them presented to an employment tribunal on grounds corresponding or similar to those in paragraph 7).

(2) The provision referred to in sub-paragraph (1) may be made by amending this Act (or otherwise).

(3) Regulations under sub-paragraph (1) may make consequential provision, including provision amending—

(a) an Act of Parliament (including this Act);

(b) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;

(c) an Act of the Scottish Parliament.