Podcast: Agency workers and the "Swedish derogation"
Date: 01-02-2013

On this week's XpertHR Weekly, we discuss one of the first employment tribunal cases on the Agency Workers Regulations 2010 (SI 2010/93). In Bray and others v Monarch Personnel Refuelling (UK) Ltd ET/1801581/12 and others, the tribunal provided guidance for hirers relying on the "Swedish derogation". The derogation permits an agency worker to give up the right to pay parity with an end user's direct recruits after the worker has accrued 12 weeks' service provided that he or she has signed a permanent contract of employment with an agency.