Are agency workers employed by the agency or the hirer?

An agency worker will be an employee of the temporary work agency if he or she works under a contract of employment with the agency. Alternatively, the worker could, in exceptional situations, be an employee of the hirer. Many agency workers will not have employee status with either the agency or the hirer.

Hirers should take care to deal with the question of the worker's employment status in the agreement they set up with the agency. However, the worker's employment status can ultimately be determined only by a court or tribunal on the basis of the facts of each case. The courts will look at the reality of the situation and the true agreement of the parties.