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The distinction between an agency worker or the self employed and an employee is not always easy to see, as recent case law has demonstrated.
The best way to try and minimise the risks is by being very clear on the arrangements that will apply, and being very careful when beginning an employment relationship, as your employee may well have continuity of service.
Watch out for the Temporary Agency Workers Directive, currently being negotiated in Europe, it will give equal rights to agency workers (including maternity rights) and require them to have the same terms and conditions as permanent workers after a minimum period!
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