Important AWR case gets to Tribunal

Finally at the end of 2012, over a year after the Agency Workers Regulations were introduced in October 2011, a case about the Swedish Derogation model came to Tribunal. We look at this case and subsequent cases regarding the AWR in our article here.

This case found Recruitment Agency Monarch Personnel Refuelling defending a claim by some of its temporary workers that Monarch had not complied with all the requirements of the Swedish Derogation model. The temps were supplied by Monarch to BP Oil UK Ltd as tanker drivers.

The agency workers – who had worked for several years for BP on a series of assignments that were described as continuous and regular, and who were employed by Monarch on zero-hours contracts – received 70 pence less per hour than ‘comparable’ permanent workers at BP.

With the introduction of the AWR, BP instructed Monarch to employ its driver under the Swedish Derogation model, so Monarch held meetings with the drivers in October 2011 to explain they would be issuing the temps with new contracts at the end of their current assignment with BP on 30th November 2011. On 15th November 2011, all the workers were issued with new contracts and most drivers returned their signed contracts by 29th November 2011.

At Tribunal, Monarch argued that the agency workers had agreed to the new contract which incorporated the Swedish Derogation terms, so the agency workers had waived their rights to equal pay. Read more in our article.

Tags: , , , , , , ,

Sorry, the comment form is closed at this time.

The Human Resources Consultancy service for SME's in the UK creative industries

Nike LunarTempo 2 Mens Running Shoes Ocean Fog Photo Blue Black White Kobe Mentality 2 Mens Basketball Shoes Fierce Purple Black University Nike SB Koston 3 Hyperfeel Unisex Skateboarding Shoes Nike Lunar Sculpt WoMens Training Shoes Dark Grey Black Volt Nike LunarTempo 2 Mens Running Shoes Black Anthracite Nike Metcon 2 WoMens Training Shoes Nike Force Lunarbeast Pro TD Mens Football Cleat Nike Alpha Pro 2 3 4 TD LE 2 0 Mens Football Cleat White Black Nike Air Zoom Pegasus 32 Mens Running Shoes Nike Air Zoom Pegasus 32 Print Mens Running Shoes Nike Flyknit Air Max WoMens Running Shoes White Black Nike Roshe One WoMens Shoes Bright Mango White