Amendment to agency workers rules

From the 6 April 2020 the ‘Swedish derogation’  is being abolished which means that all agency workers will be entitled to equal pay as direct recruits after 12 weeks in the same role.

Previously, whilst agency workers have the right to the same pay and basic working conditions as direct recruits after 12 weeks continuous service in the role there was an exemption from the right to equal treatment in relation to pay if an agency worker is employed under a permanent contract of employment with the agency and is paid a minimum amount between assignments. This was referred to as the ‘Swedish derogation’. This exemption will not apply as from the 6 April 2020.

In addition all employment businesses will have to provide agency workers with a ‘Key Information Document’ which must include the details of pay, contract type and leave entitlement. For more details on this see Key Information Document

If you need advice in respect of the forthcoming changes or any employment matter speak to one of our Employment Solicitors, Paula Stuart on 01908 689345 or Stuart Snelson on 01908 689318.

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Paula Stuart | Partner