Brooknight Guarding Ltd v. Matei [2018] UKEAT 0309/17

When determining whether individual is agency worker, regard must be had to the work carried out

To be an agency worker, an individual must (a) be supplied by a temporary work agency to work temporarily for, and under the supervision and direction of, a hirer, and (b) have a contract with the temporary work agency that was a contract of employment with the agency or any other contract to perform work or services personally; see  of the Agency Worker Regulations.