Section 27BX | Agency workers ^F1

(1)This section applies in relation to—^F1

(a)a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and^F1

(b)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)The duty or right is excluded if—^F1

(a)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”),^F1

(b)a relevant collective agreement contains—^F1

(i)terms that expressly exclude the duty or right, and^F1

(ii)terms that expressly replace the excluded duty or right,^F1

(c)the terms within paragraph (b)(ii) are incorporated into the contract, and^F1

(d)the other party notifies the agency worker in writing of the incorporation and effect of those terms.^F1

(3)A relevant collective agreement is a collective agreement that is—^F1

(a)in writing, and^F1

(b)made by or on behalf of—^F1

(i)one or more trade unions which each have a certificate of independence, and^F1

(ii)the other party.^F1