In relation to Protection of Employees (Temporary Agency Work) Act 2012, we have a number of "contractors" working with us. They have their own limited company and the formal agreement is with that company which provides the individual's services. Are they are excluded from the above Act?

Posted in : First Tuesday Q&A ROI on 3 July 2012
Barry Walsh
McDowell Purcell
Issues covered:

An employment agency is specifically defined in the legislation. The purpose of the legislation is to protect employees of employment agencies. It is reasonably common for independent contractors to form a limited company for tax and other purposes in order to provide their services to clients. The temporary agency legislation is not intended to provide protection to such genuine independent contractors. An agency worker is a very particular thing and the provisions of this legislation are limited to them. Employers should be careful not to mistakenly apply such provisions to genuine independent contractors who are not or are not employed by employment agencies

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Back to Q&A's This article is correct at 02/09/2015

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Barry Walsh
McDowell Purcell

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