Council guilty of breaching Agency Workers Regulations

A decision by an Employment Tribunal on Tuesday 5 February confirms that more than 150 Barnet Council workers are likely to receive compensation worth hundreds of thousands of pounds.

The Employment Tribunal in Watford ruled that the Council failed to provide information on the number of agency workers it employed, which breaches the rules introduced under the Agency Workers Regulations (AWR).

This case shows the importance of seeking professional legal advice from experts who know the AWR and the implications that can arise if they are breached.

Adrian Marlowe, Managing Director of recruitment specialists, Lawspeed, said:

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“This brings clearly into focus the fall-out that can arise if hirers do not comply with the AWR.

“This comes at a time when many agencies are reporting difficulties in obtaining accurate information on comparable pay rates and holidays.”

The Tribunal made protective awards of 60 days’ and compensation of 40 and 50 days’ pay in respect of two transfers and a redundancy exercise that took place last year.

The Judge in the case described Barnet LBC’s refusal to provide information as “a relatively serious failure”.