The Agency Workers (Amendment) Regulations 2018
The Regulations will come into force on 6th April 2020.
Currently, under Regulation 10 of the Agency Workers Regulations, agency workers can waive their right to equal pay even if they meet the 12 week qualifying period but in return can opt to receive a payment in between assignments for at least 4 weeks before the contract is terminated. This is known as the “Swedish Derogation”.
With effect from 6th April 2020:
- Agency workers can no longer waive their right to equal pay.
- Agency workers on a Swedish Derogation contract must receive a written statement from their agency confirming that the agency worker IS entitled to the rights relating to equal pay.
- If the agency does not comply with the above requirement, the agency worker can bring a claim to an employment tribunal and claim compensation.