Protection of Employees (Temporary Agency Work) Act 2012

20.

Amendment of certain statutory instruments.

20.— (1) Regulation 8 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. No. 131 of 2003) is amended by the insertion of the following paragraph:

“(1A) The transferor and transferee concerned shall include, with the information being provided under paragraph (1), information as respects—

( a) the number of agency workers temporarily engaged in the undertaking concerned,

( b) those parts of the undertaking 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.”.

(2) The European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 ( S.I. No. 623 of 2006) are amended—

( a) in Regulation 2, by—

(i) the insertion of the following definitions in paragraph (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;”,

and

(ii) the insertion of the following paragraphs:

“(1A) References in these Regulations to information shall include references to relevant information.

(1B) For the purposes of these Regulations, 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 these Regulations 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.”,

and

( b) in paragraph 11 of Schedule 1, by the insertion of the following paragraph:

“(5) The following matters shall also be the subject of discussion at the meeting:

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

( b) those parts of the employer’s enterprise 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.”.

(3) The European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 ( S.I. No. 259 of 2007) are amended—

( a) in Regulation 2, by—

(i) the insertion of the following definitions in paragraph (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;”,

and

(ii) the insertion of the following paragraphs:

“(1A) References in these Regulations to information shall include references to relevant information.

(1B) For the purposes of these Regulations, 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 these Regulations 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.”,

and

( b) in paragraph 12 of Schedule 1, by the insertion of the following paragraph:

“(5) The following matters shall also be the subject of discussion at the meeting:

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

( b) those parts of the employer’s enterprise 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.”.

(4) The European Communities (Cross-Border Mergers) Regulations 2008 ( S.I. No. 157 of 2008) are amended—

( a) in Regulation 2, by—

(i) the insertion of the following definitions in paragraph (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;”,

and

(ii) the insertion of the following paragraph:

“(3) For the purposes of these Regulations, 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 these Regulations 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.”,

( b) the insertion, in paragraph (2) of Regulation 5, of the following subparagraph:

“(ii) all relevant information in relation to each of the merging companies,”,

( c) the insertion, in the definition of “information” in Regulation 22, of “(including relevant information)” after “content”, and

( d) in paragraph 11 of Schedule 1, by the insertion of the following paragraph:

“(5) The following matters shall also be the subject of discussion at the meeting:

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

( b) those parts of the employer’s enterprise 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.”.