Section 9(5)

The following matters in particular shall be taken into account in determining whether the structure of the assignment or assignments mentioned in paragraph (3) shows that the most likely explanation for it is that mentioned in paragraph (4)(a)— the length of the assignments; the number of assignments with H and, where applicable, hirers connected to H; the number of times the agency worker has worked in a new role with H and, where applicable, hirers connected to H, and that new role is not the “same role” within the meaning of regulation 7(3); the number of times the agency worker has returned to work in the same role within the meaning of regulation 7(3) with H and, where applicable, hirers connected to H; the period of any break between assignments with H and, where applicable, hirers connected to H.

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