Section 14(3)

A temporary work agency shall not be liable for a breach of regulation 5 where it is established that the temporary work agency— and to the extent that the temporary work agency is not liable under this provision, the hirer shall be liable. obtained, or has taken reasonable steps to obtain, relevant information from the hirer— about the basic working and employment conditions in force in the hirer; if needed to assess compliance with regulation 5, about the relevant terms and conditions under which an employee of the hirer is working where— and that employee is considered to be a comparable employee in relation to that agency worker for the purposes of regulation 5(4), and those terms and conditions are ordinarily included in the contract of such a comparable employee; which explains the basis on which it is considered that the employee referred to in sub-paragraph (ii)(aa) is a comparable employee; where it has received such information, has acted reasonably in determining what the agency worker's basic working and employment conditions should be at the end of the qualifying period and during the period after that until, in accordance with regulation 8, the agency worker ceases to be entitled to the rights conferred by regulation 5; and ensured that where it has responsibility for applying those basic working and employment conditions to the agency worker, that agency worker has been treated in accordance with the determination described in sub-paragraph (b),

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Source: legislation.gov.uk · retrieved 2026-09-04