The Guild News

Do the Agency Worker Regulations apply to me ?

The Agency Worker Regulations don't apply if "the agency is that of a client or customer of a business carried on by the individual" – broadly, where a worker is genuinely self-employed, so that they are carrying on a business, then they will not be an agency worker and so will not be within the regulations.

The key is that the self-employment must be in business, so that there is no personal services contract; where the individual is required to provide services to the agency personally then the Regulations may still apply. If you can, and do, get other people to help carry out contracts that it is unlikely that the Regulations will apply.

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