The Agency Workers Regulations 2010 have been amended to correct drafting errors. The amendments widen the definition of agency worker to cover individuals with a contract of employment with a temporary work agency (TWA) or ‘any other contract to perform work and services personally’.

Where a permanent contract provides for pay between assignments, the amending regulations clarify that TWAs are not obliged to find suitable work and pay agency workers who are not working.

Finally, the ‘reasonable steps’ statutory defence for breach of equal treatment is only available to TWAs, not hirers.