- Agency worker changes to Swedish derogation terms but hirer stays the same (News, 7 February 2013)
The right of agency workers to equal treatment in relation to pay, under regulation 5 of the Agency Worker Regulations 2010, is expressly excluded under regulation 10 (the Swedish derogation) in circumstances where an agency worker is employed under a contract with an agency, the terms of which satisfy various requirements, one of which being that he be paid by the agency during the weeks that he is not assigned to a hirer. In a first instance judgment, an employment tribunal has ruled that the Swedish derogation may apply in circumstances where (a) the agency worker is already employed by the agency, and is on hire to a particular hirer, (b) the agency and the worker then enter into and commence a new regulation-10-compliant contract, and (c) the worker subsequently starts a new assignment with the same hirer, even if the worker, throughout the periods before, during and after the contractual change and assignment renewal, is continuously doing the same work at the same place for the same hirer. ET: Bray v Monarch Personnel Refuelling (UK).
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