The term Agency Workers used in the AWR includes those who are:
- Workers supplied by a temp agency (called a TWA or Temporary Work Agency) for temporary work. These Workers must have a contract or agreement with the TWA and will do temporary work for a ‘hirer’ (the company they go to work for) and work under the ‘hirers’ direction or supervision.
- Workers who supply their services through an Umbrella Company (called an ‘intermediary’) and find work through a TWA. Normally these Workers will have an employment contract with the Umbrella company.
It will not include:
- Those who are genuinely self-employed and are in business on their own account.
- Workers who work for an in-house temporary staffing ‘bank’ where they are employed by the company directly.
- Workers who find direct employment with an Employer through a recruitment agency (e.g. permanent recruitment).
- Those who work under the supervision and direction of the ‘supplier’ (TWA) rather than the ‘hirer’.
- Workers who are hired via their own Personal Service Company (PSC, a Limited Company) if they are self-employed.
- Workers who work directly for managed service contractors (MSC) e.g. cleaners, catering staff. MSC’s provide a service to the customer but the MSC, not the customer, has responsibility for managing and delivering the service and supervising their workers at the customers premises.