30.09.14 The Importance of Responding to Agency Requests for Salary Information

In the case of Stevens v Northolt High School an Employment Tribunal held that it was the hirer, rather than the agency that employed the agency worker, that had to compensate the agency worker when she was not paid the comparable rate required by the Agency Workers Regulations 2010.

The Agency Workers Regulations provide that after a 12 week qualifying period, an agency worker should be paid the same as if they had been directly by the hirer to do the same job. If this is not done, the agency and the hirer can be liable to pay compensation to the agency worker.

The case of Stevens v Northolt High School demonstrated that the agency had taken reasonable steps to obtain information from the hirer about the salary of the hirer’s comparable employees after the 12 week period. Despite repeated requests, the hirer failed to give the agency the required information and therefore the hirer was held solely liable for the salary underpayment of £10,878.

This is a reminder of the fact that both hirers and agencies need to ensure that they comply with their respective obligations under the Regulations to ensure that workers’ rights are observed.