Special classes of person
34 Agency workers who are not otherwise “workers”.
C11
This section applies in any case where an individual (“the agency worker”)—
a
is supplied by a person (“the agent”) to do work for another (“the principal”) under a contract or other arrangements made between the agent and the principal; but
b
is not, as respects that work, a worker, because of the absence of a worker’s contract between the individual and the agent or the principal; and
c
is not a party to a contract under which he undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.
2
In a case where this section applies, the other provisions of this Act shall have effect as if there were a worker’s contract for the doing of the work by the agency worker made between the agency worker and—
a
whichever of the agent and the principal is responsible for paying the agency worker in respect of the work; or
b
if neither the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work.