Schedule 1: The trustee corporation Chapter 8: Application and interpretation Section 89: Agency workers
228.Under this section, agency workers, who would not otherwise fall within the definition of “worker”, are treated as workers for the purposes of the employer duty (automatic enrolment, automatic re-enrolment and opting in). The agency or the principal for whom the worker works will be the relevant “employer” depending on which is responsible for paying the worker, or if that cannot be determined, on whichever one actually pays the worker.