| Guvnor

Made under: European Communities Act 1972
Enforced by: Fair Work Agency, Employment Tribunal
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 2 of 17 obligations carry a fine up to £5,000. 15 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer14 Any Person2 Trader1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General and Interpretation

0 of 4 sections shown

4 other sections in this Part — procedural and definitional

s.001 Citation, commencement and extent

s.002 Interpretation

s.003 The meaning of agency worker

s.004 The meaning of temporary work agency

Part 2

Rights

4 of 9 sections shown

s.005 Rights of agency workers in relation to the basic working and employment conditions Prosecution

Match agency workers' pay and conditions to permanent staffEmployer
Provide agency workers equal treatment after the qualifying periodEmployer
Provide agency workers with the same basic terms as comparable employeesEmployer

Fine up to £5,000

s.009 Structure of assignments Regulated

Do not structure agency assignments to avoid worker rightsEmployer

s.012 Rights of agency workers in relation to access to collective facilities and amenities Regulated

Provide agency workers equal access to staff facilitiesEmployer

s.013 Rights of agency workers in relation to access to employment Regulated

Inform agency workers of comparable job vacanciesEmployer

5 other sections in this Part — procedural and definitional

s.006 Relevant terms and conditions

s.007 Qualifying period

s.008 Completion of the qualifying period and continuation of the regulation 5 rights

s.010 Permanent contracts providing for pay between assignments

s.011 Calculating the minimum amount of pay

Part 3

Liability, Protections and Remedies

3 of 8 sections shown

s.014 Liability of temporary work agency and hirer Prosecution

Ensure agency workers receive correct basic employment conditionsAny Person
Ensure agency workers receive equivalent basic working conditionsTrader
Obtain required information and apply basic working conditions for agency workersEmployer
Provide required information to temporary work agencies and ensure agency‑worker complianceEmployer
Share required employment information and apply basic conditions for agency workersAny Person
Verify and apply correct working conditions for agency workersEmployer
Verify equal treatment information for agency workersEmployer

Fine up to £5,000

s.016 Right to receive information Regulated

Provide a written statement regarding agency worker rights and treatmentEmployer
Provide requested information to agency workers within 28 daysEmployer
Provide written information to agency workers upon requestEmployer

s.020 Liability of employers and principals Regulated

Prevent staff from breaching agency worker rightsEmployer

5 other sections in this Part — procedural and definitional

s.015 Restrictions on contracting out

s.017 Unfair dismissal and the right not to be subjected to detriment

s.018 Complaints to employment tribunals etc

s.019 Calculating a week's pay

s.extension of time limit to facilitate conciliation Extension of time limit to facilitate conciliation before institution of proceedings

Part 4

Special Classes of Person

0 of 4 sections shown

4 other sections in this Part — procedural and definitional

s.021 Crown employment and service as a member of the armed forces

s.022 House of Lords staff

s.023 House of Commons staff

s.024 Police service

Part 5

Amendments to legislation

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.025 Amendments to legislation

Schedules

0 of 58 shown

58 other schedules

s.002 CONSEQUENTIAL AMENDMENTS

s.sch001 PROVISIONS EXTENDING TO ENGLAND AND WALES, SCOTLAND AND NORTHERN IRELAND

s.sch001 The following provisions of Schedule 2 to these Regulations extend...

s.sch001 Paragraphs 28 and 29, relating to the Transfer of Undertakings...

s.sch001 Paragraphs 30 to 38, relating to the European Cooperative Society...

s.sch001 Paragraphs 39 to 46, relating to the Companies (Cross-Border Mergers)...

s.sch002 The Trade Union and Labour Relations (Consolidation) Act 1992

s.sch002 In section 27(1) (protection of wages; sums included in “wages”),...

s.sch002 After section 57 insert— Ante-natal care: agency workers Right to...

s.sch002 After section 68 insert— Ending the supply of an agency...

s.sch002 After section 69 insert— Calculation of remuneration (agency workers) (1) The amount of remuneration payable by a temporary work agency...

s.sch002 After section 70 insert— Complaints to employment tribunals: agency workers...

s.sch002 In section 105 (redundancy as unfair dismissal) in subsection (1)(c)...

s.sch002 In section 108 (exclusion of right: qualifying period of employment)...

s.sch002 The Management of Health and Safety at Work Regulations 1999

s.sch002 After regulation 17 insert— Certificate from registered medical practitioner in...

s.sch002 After regulation 18 insert— Notification by new or expectant mothers...

s.sch002 In section 70B (collective bargaining: training)— (a) after subsection (4)...

s.sch002 In regulation 20(1)(a) for “regulations 16-18”, substitute, “ regulations 16-18AB...

s.sch002 The Information and Consultation of Employees Regulations 2004

s.sch002 In regulation 2 (interpretation) after the definition of—

s.sch002 After regulation 3 insert— Agency Workers (1) Paragraphs (2) and (3) apply to an agency worker...

s.sch002 After regulation 8 insert— Pre-existing agreements: agency workers Where information about the employment situation is to be provided...

s.sch002 In regulation 16(1), omit the “and” at the end of...

s.sch002 In regulation 16(1), after sub-paragraph (f) add— and

s.sch002 In regulation 20, paragraph (1), sub-paragraph (b), after “the situation,...

s.sch002 The Transfer of Undertakings (Protection of Employment) Regulations 2006

s.sch002 In regulation 13, after paragraph (2) insert— Where information is to be supplied under paragraph (2) by...

s.sch002 In section 181(2) (general duty of employers to disclose information...

s.sch002 The European Cooperative Society (Involvement of Employees) Regulations 2006

s.sch002 In regulation 3 (interpretation) after the definition in paragraph (1)...

s.sch002 After regulation 6 insert— Agency Workers (1) Paragraph (2) applies to an agency worker whose contract...

s.sch002 In regulation 7, paragraph 2— (a) omit the “and” at...

s.sch002 After regulation 17, paragraph (5) insert— (6) Where under the...

s.sch002 After regulation 21, paragraph (3) insert— (3A) For the purposes...

s.sch002 In Schedule 1, paragraph 1— (a) omit the “and” at...

s.sch002 After Schedule 1, paragraph 11, sub-paragraph (4) add—

s.sch002 After Schedule 2, paragraph 6, sub-paragraph (3) insert— Where under sub-paragraphs (2) and (3) the competent organ of...

s.sch002 The Companies (Cross-Border Mergers) Regulations 2007

s.sch002 (1) Section 188(4), (disclosure for the purposes of consultation) is...

s.sch002 In regulation 3 (interpretation) after the definition in paragraph (1)...

s.sch002 After regulation 8, paragraph (2) insert— (2A) . . ....

s.sch002 After regulation 22, paragraph (1) insert— (1A) . . ....

s.sch002 After regulation 23(3) add— (4) . . . . ....

s.sch002 After regulation 29(2) insert— (2A) . . . . ....

s.sch002 After regulation 37, paragraph (2) insert— (2A) . . ....

s.sch002 After regulation 38(4) add— (5) Where under the standard rules...

s.sch002 The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

s.sch002 In regulation 3 (interpretation) after the definition in paragraph (1)—...

s.sch002 In regulation 5, paragraph (2)— (a) omit the “and” at...

s.sch002 In section 298 (minor definitions: general), after the entry relating...

s.sch002 After regulation 15, paragraph (3) insert— (3A) Where under the...

s.sch002 After regulation 19, paragraph (3) insert— (3A) This paragraph applies...

s.sch002 In the Schedule, Part 2, after paragraph 8 insert— Where under the provisions of this Part, the competent organ...

s.sch002 In section 299 (index of defined expressions), insert in the...

s.sch002 (1) Schedule A1 is amended as follows.

s.sch002 The Employment Tribunals Act 1996

s.sch002 The Employment Rights Act 1996

Help complying

Guvnor’s practical routes through this instrument.

Manage your employees

A comprehensive journey for UK employers covering the full employment lifecycle - from ongoing payroll and compliance duties through to managing workforce …

Run a retail business

Ongoing compliance and operational guidance for established retail businesses

Engage and manage agency workers

Your legal obligations when using agency workers, including day-1 rights, the 12-week qualifying period, and equal treatment requirements.

3 more guides that reference this instrument

Agency worker rights comparison Employment agency business: compliance checklist Meet your employment agency regulatory duties

Connected legislation

The wider family of instruments made under the same parent Act.

The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 SI 2018

Air Quality Standards (Scotland) Regulations 2010 SI 2010 Scottish Statutory Instrument

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013

Disability Discrimination Act 1995 (Amendment) Regulations 2003 SI 2003

Eels (England and Wales) (Amendment) Regulations 2011 SI 2011

Electronic Commerce (EC Directive) Regulations 2002 SI 2002

Late Payment of Commercial Debts Regulations 2013 SI 2013

Producer Responsibility Obligations (Packaging Waste) Regulations 2007 SI 2007

Railways (Interoperability) Regulations 2011 SI 2011

Road Vehicles (Approval) (Amendment) (No. 2) Regulations 2021 SI 2021

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 SI 2013/1506

The Borough of Weymouth and Portland (Electoral Changes) (Amendment) Order 2003 SI 2003

The Children (Protection at Work) (No. 2) Regulations 2000 SI 2000

The Consumer Protection (Amendment) Regulations 2014 SI 2014

The Credit Rating Agencies (Amendment) Regulations 2011 SI 2011/1435

The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 SI 1999/1783

The Genetically Modified Organisms (Contained Use) Regulations 2014 SI 2014/1663

The Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 SI 2012/3152

The Privacy and Electronic Communications (Amendment) (No. 2) Regulations 2018 SI 2018/1396

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.