Section 27BX: Agency workers

Employment Rights Act 1996 · 1996 c. 18View on legislation.gov.uk

Part 2A: Zero hours workers and similar — Chapter 6: Collective agreements: contracting out

This section applies in relation to—

a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and
a right conferred on an agency worker in respect of a hirer or a work-finding agency,

by or under any provision of Chapter 5 (including Schedule A1).

The duty or right is excluded if—

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"),
a relevant collective agreement contains—
terms that expressly exclude the duty or right, and
terms that expressly replace the excluded duty or right,
the terms within paragraph (b)(ii) are incorporated into the contract, and
the other party notifies the agency worker in writing of the incorporation and effect of those terms.

A relevant collective agreement is a collective agreement that is—

in writing, and
made by or on behalf of—
one or more trade unions which each have a certificate of independence, and
the other party.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.