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The employment status of agency workers is a huge subject. Case law is still not finally settled and the position very much depends on the facts of the case, contracts used and so on.
What is clear is that agencies and hirers do not generally want the administrative and legal burdens that come with employment to apply to agency workers in order to achieve maximum flexibility. Retaining that flexibility is one of the aims of the Association of Recruitment Consultancies (ARC) which is currently running a campaign towards that end.
With the Agency Workers Directive in the wings the position is yet further confused, although it would not be right to believe that the Directive gives employment rights to agency workers, since it doesn't.
Lawspeed offers a service and documentation to help minimise the risk for both agencies and hirers. For more, call us on 01273 236236
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