Consideration of Bill, as amended in the Public Bill Committee
[Relevant documents: Third Report of the Business and Trade Committee, Make Work Pay: Employment Rights Bill, HC 370; Second Report of the Women and Equalities Committee, Equality at work: Miscarriage and bereavement leave, HC 335; Fourth Report of the Work and Pensions Committee of Session 2023-24, Statutory Sick Pay, HC 148; and written evidence to the Work and Pensions Committee, on Statutory Sick Pay, reported to the House on 10 March 2025, HC 787.]
New Clause 32
“(1) After section 27BU of the Employment Rights Act 1996 (inserted by section 3) insert—
“CHAPTER 4A
Agency workers: guaranteed hours and rights relating to shifts
27BUAAgency workers
(1) In this Part, “agency worker” means an individual—
(a) who has a worker’s contract or an arrangement with a work-finding agency by virtue of which the individual is (or is to be) supplied to work for and under the supervision and direction of another person,
(b) who does not do (or is not to do) the work under a worker’s contract with the other person, and
(c) who is not (or is not to be) a party to a contract under which the individual 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) In this Part—
(a) references to an agency worker include, where the context requires, a former agency worker, and
(b) where that is the case, references in relation to the agency worker to a work-finding agency, and references (however expressed) to a person for and under the supervision and direction of whom the agency worker works, are to be read accordingly.
(3) An individual is an “agency worker” for the purposes of this Part—
(a) whether the individual is (or is to be) supplied to work for and under the supervision and direction of another person—
(ii) by a person other than the work-finding agency;
(b) whether the individual is (or is to be) paid, for work done for and under the supervision and direction of another person—