Agency Workers: Are Secondments Covered by the Directive and Regulations?

Adam Brett's article concerns secondment of employees from one employer to another. On the face of it, secondments are excluded, but all may not be as it seems…

I understand that employees under secondment from one organisation to another are NOT covered by the Agency Worker Regulations. Is that always the case, or are there exceptions when secondees could be covered by the Regulations and be entitled to equal pay, access to facilities, etc.?

The Agency Workers Regulations themselves do not mention secondment directly at all. The Department of Employment and Learning Guidance (and the equivalent BIS guidance in GB) state at paragraph 2.4:

"Those who are likely to be outside the scope of the