The Regulations refer to an agency worker as:

  • an individual;

  • who is supplied by a temporary work agency to work temporarily under the supervision and direction of a hirer; and who

  • has a contract of employment with the agency, or any other contract with the agency to perform work or services personally.

You will not be an agency worker if:

  • you have found a permanent job (even if this is via an agency); or

  • you are genuinely self-employed (i.e. in business on your own account).

If you are an agency worker, you cannot opt out of the Regulations.