The Claimant agency workers made complaints to the ET that their contracts of employment with the Respondent temporary work agencies (‘TWA’) did not comply with the requirements of Regulation 10(1)(a) of the Agency Workers Regulations 2010 (‘AWR’); and that in consequence the exemption from pay parity under Regulation 5 did not apply.
The ET upheld the claims as they related to Regulation 10(1)(a)(i) and (iii). The requirement of written terms and conditions ‘ . . relating to – (i) the minimum scale or rate of remuneration or the method of calculating remuneration’ was not satisfied by the term which provided for pay ‘at a rate at least equivalent to the then current National Minimum Wage’ (‘NMW’). The requirement relating to ‘(iii) the expected hours of work during any assignment’ was not satisfied by the term that ‘The Employee’s expected hours of work on each Assignment are:- Any 5 days out of 7’.
On appeal the EAT held that Regulation 10(1)(a)(i) was satisfied by the contractual terms, but 10(1)(a)(iii) was not. The appeal was therefore dismissed.
Citations:
[2018] UKEAT 0311 – 17 – 1610
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 June 2022; Ref: scu.630731