Section 27BX Employment Rights Act 1996

Section 27BX of the Employment Rights Act 1996 is about Agency workers. It provides as follows:

(1)This section applies in relation to—

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

(b)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).
(2)The duty or right is excluded if—

(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”),

(b)a relevant collective agreement contains—

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

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

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

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

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

(a)in writing, and

(b)made by or on behalf of—

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

(ii)the other party.

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Source: legislation.gov.uk
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