An agency worker is someone who works under a contract with an employment agency but instead of working directly for the agency they work for
another organisation - in effect the employment agency hires the worker out.
The main feature of agency work is that the employment agency normally engage the worker on a contract which states there is no obligation to
provide work and the worker is not obliged to accept any work that is offered. This lack of obligation means that a contract of employment does not exist between the agency and the worker. The
worker can therefore find themselves without work at very short notice and usually has no right to clams such as redundancy or unfair dismissal because they are not employees.
The contractual arrangement of an agency worker is a three-way relationship, between the individual, the employment agency which finds them temporary work with a third party business, often known as the 'hirer' or 'end user'. The worker has no direct contract with the hirer.
In some cases agency contracts may create a contract of employment with the worker. This might be done to create some advantages for the agency
under the Agency Worker Regulations 2010.
The Agency Workers Regulations 2010 create a number of rights for agency workers and in some cases have led agencies to create contracts of
employment with their workers.