Terms & Conditions

[Anonymous]

As promised to Tuesday’s York group (and others before them), I have found out what happens when a registered A8 worker changes jobs but stays with the same employment agency. Here is FAQ 21 from the Home Office [url=http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/schemes_and_programmes/worker_registration/wrs_faq.html]”Working in the UK”[/url] site:

[i:351849949f][b:351849949f]Do I still have to apply for a registration certificate if I change jobs while working for the same employment agency?[/b:351849949f]

No, if there is no break in your employment, you continue to be authorised to work for the employment agency, regardless of the job you are doing. If there is a break in your employment of more than a week you will need to apply for a registration certificate when you start work again[/i:351849949f].

So I think this means that they do not lose worker status while between placements but still actively on the agency’s books as an employee, but they do have to get a new certificate for placements separated by more than a week.

Agency temp employment arrangements generally are something of a mystery – I had always assumed that they were not employed by the agency at all, but simply found work through the agency, and were either self-employed or worked for their own company (I believe some temps band together in “umbrella” companies, and the agency hires them through the umb rella company). But presumably there are temps who are direct employees of the agency? There must be some of you out there who use this site, is that correct?

[Carol Meredith]

I think that it depends on the agency but I have seen plenty of claimants who are paid directly by the empoyment agency. Maybe if it is a large employer it is the employer who pays but in the case of a small firm it is the agency itself, or maybe it depends on the length of the placement.

Carol

[Carol Meredith]

I think that it depends on the agency but I have seen plenty of claimants who are paid directly by the empoyment agency. Maybe if it is a large employer it is the employer who pays but in the case of a small firm it is the agency itself, or maybe it depends on the length of the placement.

Carol

[Anonymous]

Thanks Carol.

I found something called the Employment Status Manual on the HMRC website and it appears that most agency temps fall somewhere in between employee and self-employed. Their tax and national insurance arrangements are closer to those of employees but there are some aspects of their situation that are more like self-employment (like being summarily fired).

But it certainly seems that the typical agency employment model makes the person a worker rather than a self-employed person for EEA immigration purposes, which explains why A8 temps do have to register.

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