Section 5(4)

For the purposes of paragraph (3) an employee is a comparable employee in relation to an agency worker if at the time when the breach of paragraph (1) is alleged to take place— both that employee and the agency worker are— working for and under the supervision and direction of the hirer, and engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification and skills; and the employee works or is based at the same establishment as the agency worker or, where there is no comparable employee working or based at that establishment who satisfies the requirements of sub-paragraph (a), works or is based at a different establishment and satisfies those requirements.

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