The Agency Workers Regulations 2010

[^f00018]: 1992 c.52; section 70B was inserted by the Employment Relations Act 1999 (c.26), section 5; section 188 (4) was amended by regulations 3(1) and (3) of S.I. 1995/2587 and the Trade Union Reform and Employment Rights Act 1993 (c.19), sections 34 (1), (2)(a), 51 and Schedule 10; section 298 was amended by the Employment Relations Act 2004 (c.24), section 50 (4), the Employment Rights Act 1996 (c.18 ), section 240 and paragraphs 56 (1) and (19) of Schedule 1 and Article 3.(2) and Schedule 2 of S.I. 2001/1149; section 299 was amended by regs 2 (1), (2) and 7 of S.I. 1999/1925, the Trade Union Reform and Employment Rights Act 1993 (c.19 ), section 49 (2) and paragraph 89 of Schedule 8, reg 7 of S.I. 1995/2587, the Employment Relations Act 2004 (c. ), section 57, paragraph 22 of Schedule 1 and Schedule 2 and Article 3 (2) and Schedule 2 to S.I. 2001/1149; Schedule A1 was inserted by the Employment Relations Act 1999 (c. 26), sections 1 (1), (3) and Schedule 1. There are amendments to Schedule A1 but none are relevant to these Regulations.

[^f00019]: 1996 c.17. Under section 1(1) of the Employment Rights (Dispute Resolution) Act 1998 (c.8), the Act, formerly the Industrial Tribunals Act 1996, may now be cited as the Employment Tribunals Act 1996.

[^f00020]: Section 18(1) has been amended on a number of occasions to specify additional proceedings and claims to which the section applies.

[^f00021]: S.I. 2009/2401.

[^f00022]: Section 21 has been amended on a number of occasions to specify additional proceedings and claims to which the section applies.

[^f00023]: There are amendments to this section none of which are relevant.

[^f00024]: Section 105 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.

[^f00025]: Section 108(3) has been amended on a number of occasions to specify additional cases where the qualifying period does not apply.

[^f00026]: S.I. 1999/3242.

[^f00027]: S.I. 2004/3426.

[^f00028]: S.I. 2006/246.

[^f00029]: S.I. 2006/2059.

[^f00030]: S.I. 2007/2974.

[^f00031]: S.I. 2009/2401.

Editorial notes

[^c20080921]: 1972 c.68.

[^c20080931]: SI 2000/738.

[^c20080951]: Section 50(1AA) was inserted by SI 2008/960, articles 3 16(1) and (2).

[^c20080961]: 1996 c.18.

[^c20080971]: 1992 c.52; section 169 was amended by the Employment Act 2002 (c.31), sections 43 (1) and (3).

[^c20080981]: S.I. 1998/1833, amended by S.I. 2001/3256, S.I. 2002/3128 and S.I. 2007/2079. There are other amending instruments but none is relevant.

[^c20080991]: 1974 c.23.

[^c20081001]: 1988 c.13.

[^c20081011]: 1988 c.36.

[^c20081021]: 1995 c.46.

[^c20081041]: Section 203 was amended by the Employment Rights (Dispute Resolution) Act 1998 (c.8) and by the Employment Relations Act 1999 (c.26), section 44 and Schedule 9.

[^c20081061]: 1996 c.14.

[^c20081071]: S.I. 2006/246.

[^c20081081]: S.I. 2006/2059.

[^c20081101]: 1992 c.52; section 70B was inserted by the Employment Relations Act 1999 (c.26), section 5; section 188 (4) was amended by regulations 3(1) and (3) of S.I. 1995/2587 and the Trade Union Reform and Employment Rights Act 1993 (c.19), sections 34 (1), (2)(a), 51 and Schedule 10; section 298 was amended by the Employment Relations Act 2004 (c.24), section 50 (4), the Employment Rights Act 1996 (c.18 ), section 240 and paragraphs 56 (1) and (19) of Schedule 1 and Article 3.(2) and Schedule 2 of S.I. 2001/1149; section 299 was amended by regs 2 (1), (2) and 7 of S.I. 1999/1925, the Trade Union Reform and Employment Rights Act 1993 (c.19 ), section 49 (2) and paragraph 89 of Schedule 8, reg 7 of S.I. 1995/2587, the Employment Relations Act 2004 (c. ), section 57, paragraph 22 of Schedule 1 and Schedule 2 and Article 3 (2) and Schedule 2 to S.I. 2001/1149; Schedule A1 was inserted by the Employment Relations Act 1999 (c. 26), sections 1 (1), (3) and Schedule 1. There are amendments to Schedule A1 but none are relevant to these Regulations.

[^c20081111]: 1996 c.17. Under section 1(1) of the Employment Rights (Dispute Resolution) Act 1998 (c.8), the Act, formerly the Industrial Tribunals Act 1996, may now be cited as the Employment Tribunals Act 1996.

[^c20081121]: Section 18(1) has been amended on a number of occasions to specify additional proceedings and claims to which the section applies.

[^c20081131]: S.I. 2009/2401.

[^c20081141]: Section 21 has been amended on a number of occasions to specify additional proceedings and claims to which the section applies.

[^c20081151]: There are amendments to this section none of which are relevant.

[^c20081161]: Section 105 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.

[^c20081171]: Section 108(3) has been amended on a number of occasions to specify additional cases where the qualifying period does not apply.

[^c20081181]: S.I. 1999/3242.

[^c20081191]: S.I. 2004/3426.

[^c20081201]: S.I. 2006/246.

[^c20081211]: S.I. 2006/2059.

[^c20081231]: S.I. 2009/2401.

[^key-abf24bb5e550e4027f0ae1dfcc507318]: Reg. 3(1)(b)(ii) substituted (1.9.2011) by The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/1941), regs. 1, 2(2)

[^key-b9e4836057f0ea3629d9d87d967eb959]: Words in reg. 14(1) inserted (1.9.2011) by The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/941), regs. 1, 2(4)(a)

[^key-8f098de779c5ee1e5d6b4af245c30544]: Words in reg. 14(2) omitted (1.9.2011) by virtue of The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/941), regs. 1, 2(4)(b)

[^key-0b8e350577f88ee6a5599fc173c028a4]: Reg. 14(3)(a) substituted (1.9.2011) by The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/941), regs. 1, 2(4)(c)

[^key-f388f944a10fecd0c0177bb6b33a548f]: Reg. 14(4) omitted (1.9.2011) by virtue of The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/941), regs. 1, 2(4)(d)

[^key-0cbcbcfc27f2b99042d7c940b6947f60]: Words in Sch. 2 para. 16 substituted (1.9.2011) by The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/941), regs. 1, 2(5)(a)

[^key-cd22be437a0e2ab6f9f0c5034af3d9a6]: Words in Sch. 2 para. 16 substituted (1.9.2011) by The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/941), regs. 1, 2(5)(b)

[^key-66443aab623d903cb434ee2f007e4cee]: Word in Sch. 2 para. 16 substituted (1.9.2011) by The Agency Workers (Amendment) Regulations 2011 (S.I. 2011/941), regs. 1, 2(5)(c)

[^key-db8dc0a73566146315104d63353b4896]: Reg. 18A inserted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 63

[^key-0fa3028c10e10ae1a0f1dee1ef0b4be2]: Reg. 18(14A) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 6 (with s. 24(5)); S.I. 2014/253, art. 3(h)

[^key-ee9835e1e3c9a5ce532028cd1e525974]: Reg. 18(4A) inserted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 62

[^key-229f14ba4cbc3bbc6edaa87582e5c9f5]: Reg. 18 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 4(4) (with reg. 7)

[^key-b57fa28c0418038fc55dfbf8a2b894d3]: Reg. 18 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 5(7) (with reg. 7)

[^key-5dbde440a05d6abc19bc0153e3ac26d2]: Reg. 19 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 4(4) (with reg. 7)

[^key-79801ac0b9b8b1caffec0a618ff5be95]: Reg. 19 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 5(7) (with reg. 7)

[^key-43710931a8193feac858aad901228264]: Reg. 20 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 4(4) (with reg. 7)

[^key-e3c527eca7165f836c5e3eabbafc1f74]: Reg. 20 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 5(7) (with reg. 7)

[^key-6b8480334182cf0447f6d5b6777e4186]: Reg. 21 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 6(1) (with reg. 7)

[^key-fa5457fd1223d21ceea6fff98b2ee1e3]: Reg. 22 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 6(1) (with reg. 7)

[^key-f15823062a69ab34ffb3c31a8d6211a7]: Reg. 23 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 6(1) (with reg. 7)

[^key-c7f74ec3741d84490706c951df604559]: Reg. 24 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 6(1) (with reg. 7)

[^key-2ced951c7a522817e3851a3140fe42db]: Reg. 18A applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 4(4) (with reg. 7)

[^key-64890672dc01bd7ea24af3870523cfb5]: Reg. 18A applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 5(7) (with reg. 7)

[^key-513db5b7a2468117285b178d86214c2b]: Reg. 18(3) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(5)(a) (with reg. 7)

[^key-a41bbf4859b4e24634faac68292d6f20]: Words in reg. 18(4)(a) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(5)(b) (with reg. 7)

[^key-ef130550c238ef9922383024ccb7dc5a]: Words in reg. 18(6)(a) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(5)(c) (with reg. 7)

[^key-bcbf04d7bf8943ea40313c9133f5bef7]: Words in reg. 18(6)(b) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(5)(d) (with reg. 7)

[^key-a7f8a58e5ea09727e42fc5e409c768c7]: Words in reg. 18(12)(a) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(5)(e) (with reg. 7)

[^key-798fc48fc0d6fb3137ffccdcd0a62f7f]: Words in reg. 18(12)(b) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(5)(f) (with reg. 7)

[^key-5a91547c5e67a1b33ccea937dcf49644]: Words in reg. 18(15) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(5)(g) (with reg. 7)

[^key-667c3d816d539bfc3c968077dfd738c0]: Reg. 5(6) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(2) (with reg. 7)

[^key-7bf6446d2a2bcaf4fbf618fab06ae055]: Words in reg. 6(3)(c) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 21(2)

[^key-9646bc86b2193eb54363dc2d1c076cd1]: Words in reg. 7(4) omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(3) (with reg. 7)

[^key-1b5bbd12f6d8bda91e111a5c9d15ef40]: Reg. 10 omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(4) (with reg. 7)

[^key-88b0e7f04127454ef274afa0825d4bc9]: Reg. 11 omitted (6.4.2020) by virtue of The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 3(4) (with reg. 7)

[^key-a236d009359c0e199e5ebe1d0bfabc83]: Regulations modified (E.W.S.) (30.7.2020) by The Posted Workers (Agency Workers) Regulations 2020 (S.I. 2020/384), regs. 1(1), 3 (with reg. 5)

[^M_C_6f8400bc-a871-495e-e0d6-02177cab7b7a]: 1974 c.37. Section 15(1) was substituted by the Employment Protection Act 1975 (c.71), section 116 and Schedule 15, paragraph 6 and amended by SI 2002/794, article 5(2) and Schedule 2. Section 82(3)(b) was amended by the Railways and Transport Safety Act 2003 (c.20), section 105(3)(a).

[^key-c0758618ae274a8b09e379592cada170]: Sch. 1 para. 4 omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 3 para. 29; 2020 c. 1, Sch. 5 para. 1(1)

[^key-6d323156c92b6cb565cdd469fa025d03]: Sch. 2 paras. 39-46 omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 3 para. 30; 2020 c. 1, Sch. 5 para. 1(1)

Extension of time limit to facilitate conciliation before institution of proceedings

18A

• (1) In this regulation—

• (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

• (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

• (2) In working out when the time limit set by regulation 18(4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

• (3) If the time limit set by regulation 18(4) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

• (4) The power conferred on the employment tribunal by regulation 18(5) to extend the time limit set by paragraph (4) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Calculating a week's pay

Liability of employers and principals