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Agency workers: employment tribunal provides guidance on "Swedish derogation"

This report relates to 1 case(s)

  • expand disabled

    Bray and others v Monarch Personnel Refuelling (UK) Ltd ET/1801581/12 and others (0 other reports)

Bray and others v Monarch Personnel Refuelling (UK) Ltd ET/1801581/12 and others

agency workers | pay parity with permanent staff | Swedish derogation

This employment tribunal has provided guidance for hirers relying on the "Swedish derogation".

Under reg.10 of the Agency Workers Regulations 2010 (SI 2010/93), an agency worker can sign a permanent contract of employment with an agency that complies with certain conditions, including the requirement to pay the worker between assignments, in return for the agency worker giving up the right to pay parity with the end user's direct recruits after he or she has accrued 12 weeks' service.