We understand that for a variety of different reasons, businesses may wish to employ agency staff rather than take on full-time employees. A lot of businesses will now be aware of the new agency regulations which came into force recently and give agency workers extended rights in certain areas. Employers must be careful not to fall foul of these new regulations and expose themselves to the risk of claims.
Agency working arrangements usually involve an agency worker who signs up with an agency and then works for one of the agency’s clients. In this scenario, the agency worker enters into a contract with the agency and the agency enters into a contract with its client. The agency then sends the temporary worker to the client, but the worker does not enter into any separate contractual arrangement directly with the client. In some cases the temporary worker's services are provided through an intermediary company such as a personal service company or a managed service company. It is not always clear if an agency worker is an employee and, if so, who is the employer. The employment status of an individual is important as certain legal rights only apply if an individual is an employee such as the right not to be unfairly dismissed. We can produce the necessary agreements for your business and guide you through any issues that you may have regarding the status of your staff.
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