Protection of Employees (Temporary Agency Work) Act 2012

18.

Amendment of section 3 of Transnational Information and Consultation of Employees Act 1996.

18.— Section 3 of the Transnational Information and Consultation of Employees Act 1996 (amended by the European Communities ( Transnational Information and Consultation of Employees Act 1996 (Amendment) Regulations 2011 ( S.I. No. 380 of 2011)) is amended by—

( a) the insertion of the following definitions in subsection (1):

“‘agency worker’ means an agency worker to whom the Protection of Employees (Temporary Agency Work) Act 2012 applies;

‘relevant information’ means information as respects—

( a) the number of agency workers temporarily engaged to work for the employer,

( b) those parts of the employer’s business in which those agency workers are, for the time being, working, and

( c) the type of work that those agency workers are engaged to do;”,

( b) the insertion, in paragraph ( a) of subsection (1A), of “(including relevant information)” after “data”, and

( c) the insertion of the following subsection:

“(1B) For the purposes of this Act, an agency worker to whom the Protection of Employees (Temporary Agency Work) Act 2012 applies shall, for the duration of the agency worker’s assignment with a hirer (within the meaning of that Act), be treated as being employed by the employment agency concerned and, accordingly, references in this Act to contract of employment shall, as respects any such agency worker, be construed as including references to contract of employment within the meaning of that Act.”.