Section 5(2)

For the purposes of paragraph (1), the basic working and employment conditions are — whether by collective agreement or otherwise, including any variations in those relevant terms and conditions made at any time after the qualifying period commenced. where A would have been recruited as an employee, the relevant terms and conditions that are ordinarily included in the contracts of employees of the hirer; where A would have been recruited as a worker, the relevant terms and conditions that are ordinarily included in the contracts of workers of the hirer,

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