Are workers who are supplied by an in-house staff bank covered by the Agency Workers Regulations 2010?

Where workers are contracted directly to work for the business that is responsible for supervising them, they will not be covered by the Agency Workers Regulations 2010 (SI 2010/93). It is an essential element of the Regulations that the agency worker is supplied by one entity to provide services to another entity.

Where workers are placed internally by a staff bank, those workers are direct recruits and are not covered by the Regulations. However, if the staff bank hires workers out to other legal entities, the Regulations are likely to apply. This could include another division of the same business, if that division has a separate legal identity (eg it is a different limited company within the same group).