Section 27BX — Agency workers
This version in force from 2026-01-06
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) [F1 This section applies in relation to—]
(a) [F1 a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and]
(b) [F1 a right conferred on an agency worker in respect of a hirer or a work-finding agency,]
[F1 by or under any provision of Chapter 5 (including Schedule A1).]
(2) [F1 The duty or right is excluded if—]
(a) [F1 the agency worker is supplied to work for and under the supervision and direction of the hirer by virtue of a worker’s contract (“the contract”) that the agency worker has with another person (“the other party”),]
(b) [F1 a relevant collective agreement contains—]
(i) [F1 terms that expressly exclude the duty or right, and]
(ii) [F1 terms that expressly replace the excluded duty or right,]
(c) [F1 the terms within paragraph (b)(ii) are incorporated into the contract, and]
(d) [F1 the other party notifies the agency worker in writing of the incorporation and effect of those terms.]
(3) [F1 A relevant collective agreement is a collective agreement that is—]
(a) [F1 in writing, and]
(b) [F1 made by or on behalf of—]
(i) [F1 one or more trade unions which each have a certificate of independence, and]
(ii) [F1 the other party.]
Amendment notes
- F1 Pt. 2A Ch. 6 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 5(2), 159(3); S.I. 2026/3, reg. 2(2)(e)