We would advise that you start to bring these changes in for new staff gradually before April’s deadline as failure to do so after this date, could result in tribunal claims.
The ‘Swedish derogation’ in the Agency Workers Regulations 2010 (which currently provides an exception to the requirement to provide pay parity between agency workers and direct employees if certain conditions are met) will be removed on 6 April 2020.
By 30 April 2020, agencies must inform relevant agency workers with a Swedish derogation provision that, with effect from 6 April 2020, those provisions no longer apply.
This must be provided in writing. Employers who work with agencies, and rely on the Swedish derogation, will need to consider how to structure new engagement terms and issue and implement those terms with effect from 6 April 2020.
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