An agency worker is often known as a “temp” is a person who has a contract with a Temporary Work Agency – that is whose employment contract is with the TWA but who actually works for a the company that hires them “the hirer” and who will be managing and arranging their work schedules and tasks.
The expression “Agency Workers” in the Agency Workers Regulation includes
• Workers supplied by the TWA (the temp agency) for temporary work. They have to have a contract or written agreement with the agency and will work for and under the direction of a third party company – the hirer
• Workers supplying their services through an intermediary called an umbrella company and then are found work by a temp agency. These types of workers have an employment contract with the umbrella company and are usually known as contractors.
The workers not included in the Agency Workers Regulations are:
• Contractors or freelancers who are registered as self employed and therefore have their own business
• Workers who are on an in-house list for temporary staff by a company and are employed by the company
• Workers who work for Managed Service Contractors such as cleaners or catering staff. The MSC provides the service directly to the customer and the MSC has the management responsibility for staff supervision on the company premises
Some workers are not always clear what their actual status is, but as the Agency Worker Regulations confer entitlements to agency workers it is worthwhile to take advice and check employment status.