The Agency Workers Regulations 2010

(18A) (1) Nothing in regulation 16A(1) or (2) shall require the hirer to take any action in relation to an agency worker until she has notified the hirer in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding. (2) Nothing in regulation 16A(2) shall require the temporary work agency to end the supply of the agency worker until she has notified the temporary work agency in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding. (3) Nothing in regulation 16A(1) shall require the hirer to maintain action taken in relation to an agency worker— (a) in a case— (i) to which regulation 16A(1) relates; and (ii) where the agency worker has notified the hirer, that she is pregnant, where she has failed, within a reasonable time of being requested to do so in writing by the hirer, to produce for the hirer's inspection a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant; or (b) once the hirer knows that she is no longer a new or expectant mother; or (c) if the hirer cannot establish whether she remains a new or expectant mother. (18AB) (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law in relation to health and safety at work, regulation 16A, 17A and 18A shall not apply where the agency worker— (a) has not completed the qualifying period, or (b) is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations 2010 pursuant to regulation 8(a) or (b) of those Regulations. (2) Nothing in regulations 16A or 17A imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer. (3) This regulation, and regulations 16A, 17A and 18A do not apply in circumstances where regulations 16, 17 and 18 apply. (4) For the purposes of this regulation and regulations 16A, 17A or 18A the following have the same meaning as in the Agency Workers Regulations 2010— - “agency worker”; - “assignment”; - “hirer”; - “qualifying period”; - “temporary work agency”.

20

In regulation 20(1)(a) for “regulations 16-18”, substitute, “ regulations 16-18AB ”.

The Information and Consultation of Employees Regulations 2004

21

The Information and Consultation of Employees Regulations 2004 are amended as follows.

22

In regulation 2 (interpretation) after the definition of—

• (a) “the 1996 Act” insert—

“agency worker” has the same meaning as in regulation 3 of the Agency Workers Regulations 2010;

; and

• (b) “standard information and consultation provisions” insert—

“suitable information relating to the use of agency workers” means information as to— 1. the number of agency workers working temporarily for and under the supervision and direction of the employer, 2. the parts of the employer's undertaking in which those agency workers are working, and 3. the type of work those agency workers are carrying out.

23

After regulation 3 insert—

(3A) (1) Paragraphs (2) and (3) apply to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) is not a contract of employment. (2) For the purposes of regulations 3, 4 and Schedule 1, any agency worker who has a contract with a temporary work agency shall be treated as being employed by that temporary work agency for the duration of that agency worker's assignment with the employer. (3) In these Regulations “assignment” has the same meaning as in regulation 2 and “temporary work agency” has the same meaning as in regulation 4, of the Agency Workers Regulations 2010.

24

After regulation 8 insert—

(8A) Where information about the employment situation is to be provided under a pre-existing agreement by an employer, such information must include suitable information relating to the use of agency workers (if any) in that undertaking.

25

In regulation 16(1), omit the “and” at the end of sub-paragraph (e).

26

In regulation 16(1), after sub-paragraph (f) add—

and (g) provide that where an employer is to provide information about the employment situation, under that agreement or under any part, such information shall include suitable information relating to the use of agency workers (if any) in that undertaking.

27

In regulation 20, paragraph (1), sub-paragraph (b), after “the situation, structure and probable development of employment within the undertaking” and before “and on any anticipatory measures envisaged” insert “ (and such information must include suitable information relating to the use of agency workers (if any) in that undertaking) ”.

The Transfer of Undertakings (Protection of Employment) Regulations 2006

28

The Transfer of Undertakings (Protection of Employment) Regulations 2006 are amended as follows.

29

In regulation 13, after paragraph (2) insert—

(2A) Where information is to be supplied under paragraph (2) by an employer— (a) this must include suitable information relating to the use of agency workers (if any) by that employer; and (b) “suitable information relating to the use of agency workers” means— (i) the number of agency workers working temporarily for and under the supervision and direction of the employer; (ii) the parts of the employer's undertaking in which those agency workers are working; and (iii) the type of work those agency workers are carrying out.

The European Cooperative Society (Involvement of Employees) Regulations 2006

30

The European Cooperative Society (Involvement of Employees) Regulations 2006 are amended as follows.

31

In regulation 3 (interpretation) after the definition in paragraph (1) of—

• (a) “absolute majority vote” insert—

“agency worker” has the same meaning as in regulation 3 of the Agency Workers Regulations 2010;

• (b) “Appeal Tribunal” insert—

“assignment” has the same meaning as in regulation 2 of the Agency Workers Regulations 2010;

• (c) “employees' representatives” insert—

“hirer” has the same meaning as in regulation 2 of the Agency Workers Regulations 2010;

; and

• (d) “standard rules on employee involvement” insert—

• “suitable information relating to the use of agency workers” means—
• the number of agency workers working temporarily for and under the supervision and direction of the SCE or any subsidiary, in each EEA State;
• the parts of the SCE's or subsidiary's undertaking and the concerned establishments in which those agency workers are working; and
• the type of work those agency workers are carrying out;
• “temporary work agency” has the same meaning as in regulation 4 of the Agency Workers Regulations 2010;

32

After regulation 6 insert—

(6A) (1) Paragraph (2) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Worker's Regulations 2010 (contract with the temporary work agency) is not a contract of employment. (2) For the purposes of regulations 5 and 6, any agency worker who has a contract with a temporary work agency, that is a participating individual, participating legal entity or SCE, shall be treated as being employed by that temporary work agency for the duration of that agency worker's assignment with the hirer.

33

In regulation 7, paragraph 2—

• (a) omit the “and” at the end of sub-paragraph (c), and

• (b) after sub-paragraph (d); add—

(e) the number of agency workers working temporarily for and under the supervision and direction of a participating individual, legal entity or subsidiary; (f) the parts of the undertaking and concerned establishments in which those agency workers are working; and (g) the type of work those agency workers are carrying out.

34

After regulation 17, paragraph (5) insert—

(6) Where under the employee involvement agreement information is to be provided on the employment situation in the SCE, such information must include suitable information relating to the use of agency workers (if any) in that SCE.

35

After regulation 21, paragraph (3) insert—

(3A) For the purposes of paragraph (3), agency workers, whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 was not a contract of employment with one or more temporary work agencies that were participating individuals or SCEs at the relevant time, are to be treated as having been employed by such a temporary work agency or agencies for the duration of any assignment with a hirer.

36

In Schedule 1, paragraph 1—

• (a) omit the “and” at the end of sub-paragraph (2)(b); and

• (b) after sub-paragraph (2)(c) add—

(d) the number of agency workers working temporarily for and under the supervision and direction of the SCE or any subsidiary, in each EEA State; (e) the parts of the undertaking or any establishment in which those agency workers are working; and (f) the type of work those agency workers are carrying out.

37

After Schedule 1, paragraph 11, sub-paragraph (4) add—

(5) Where under the employee involvement agreement the competent organ of the SCE is to provide information on the employment situation in the SCE, such information must include suitable information relating to the use of agency workers (if any) in that SCE.

38

After Schedule 2, paragraph 6, sub-paragraph (3) insert—

(3A) Where under sub-paragraphs (2) and (3) the competent organ of the SCE is to provide information on the employment situation in the SCE, such information must include suitable information relating to the use of agency workers (if any) in that SCE.

The Companies (Cross-Border Mergers) Regulations 2007

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

47

The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 are amended as follows.

48

In regulation 3 (interpretation) after the definition in paragraph (1)—

• (a) of “absolute majority vote” insert—

“agency worker” has the same meaning as in regulation 3 of the Agency Workers Regulations 2010;

and

• (b) of “standard rules on employee involvement” insert—

“suitable information relating to the use of agency workers” means— 1. the number of agency workers working temporarily for and under the supervision and direction of the undertaking; 2. the parts of the undertaking in which those agency workers are working; and 3. the type of work those agency workers are carrying out.

49

In regulation 5, paragraph (2)—

• (a) omit the “and” at the end of sub-paragraph (b); and

• (b) after sub-paragraph (c) insert—

(d) the number of agency workers working temporarily for and under the supervision and direction of the undertaking; (e) the parts of the undertaking in which those agency workers are working; and (f) the type of work those agency workers are carrying out.

50

After regulation 15, paragraph (3) insert—

(3A) Where under the employee involvement agreement the competent organ of the SE is to provide information on the employment situation in that company, such information must include suitable information relating to the use of agency workers (if any) in that company.

51

After regulation 19, paragraph (3) insert—

(3A) This paragraph applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) is not a contract of employment— (a) for the purposes of paragraph (3)(a) and (b), any agency worker who has a contract with a temporary work agency, which was at the relevant time a participating company, is to be treated as having been employed by that temporary work agency for the duration of their assignment with a hirer, and (b) in this paragraph “assignment” and “hirer” have the same meaning as in regulation 2, and “temporary work agency” has the same meaning as in regulation 4, of the Agency Workers Regulations 2010.

52

In the Schedule, Part 2, after paragraph 8 insert—

(8A) Where under the provisions of this Part, the competent organ of the SE is to provide information on the employment situation in that company, such information must include suitable information relating to the use of agency workers (if any) in that company.

Signed

Pat McFadden — Minister of State for Business, Innovation and Skills — 2010-01-20

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68.

[^f00002]: SI 2000/738.

[^f00003]: 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).

[^f00004]: Section 50(1AA) was inserted by SI 2008/960, articles 3 16(1) and (2).

[^f00005]: 1996 c.18.

[^f00006]: 1992 c.52; section 169 was amended by the Employment Act 2002 (c.31), sections 43 (1) and (3).

[^f00007]: 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.

[^f00008]: 1974 c.23.

[^f00009]: 1988 c.13.

[^f00010]: 1988 c.36.

[^f00011]: 1995 c.46.

[^f00012]: S.I. 1999/584; relevant amending instruments are S.I. 2000/1989, S.I. 2001/2673, S.I. 2002/1999, S.I. 2003/1923, S.I. 2004/1930, S.I. 2005/2019, S.I. 2006/2001, S.I. 2007/2318, S.I. 2008/1894, S.I. 2009/1902.

[^f00013]: 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.

[^f00014]: 1996 c.14.

[^f00015]: S.I. 2006/246.

[^f00016]: S.I. 2006/2059.

[^f00017]: S.I. 2007/2974.

[^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