Agency Worker Regulations Guidance: Swedish derogation updated

Government has updated the guidance published on the Agency Workers Regulations 2010 (AWR) in order to reflect the repeal of the Swedish derogation which is due to come into effect from 6 April 2020. Amendments can be seen in section 7.

• This applies directly to businesses which currently engage agency workers on Swedish derogation / ‘pay between assignments’ contracts
• The repeal of regulations 10 and 11 will not automatically result in the termination of any contracts of employment of agency workers already engaged prior to 6 April 2020
• These contracts will continue; however, all agency workers will be entitled to equal pay after completing 12 weeks on the assignment
• Under the Agency Workers (Amendment) Regulations 2019 the Agency/employer must give the worker a written statement detailing their entitlement to equal pay after twelve weeks. This must be given before 30 April 2020

Aspire Comment

From 6 April 2020, all Agency workers will have the right to pay parity after working in the same role for the same client for 12 weeks.

Where assignments run beyond 6 April 2020, it will be important that any increase in rate is factored into costs. 

The agency/employer must identify all workers who are engaged on derogated contracts and ensure that they are issued with the required written statement by 30 April 2020.

If you are concerned about your compliance with the AWR, then please contact Aspire to discuss how we can assist with these changes to ensure your ongoing compliance.