Member

(4) If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section 38(2) or (3) or 39(5) or (6) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.