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Swedish Derogation

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  • Swedish Derogation

    Hi Guys I am an agency worker and have been working for the same company for the last 10 months. After 4 months I phoned the agency about parity pay for the job I was am doing, to which they replied that they didn't pay parity pay as they came under Swedish Derogation law? I have only recently looked at this law which states this law Can only apply if I was on a pay between assignments contract, Which I am Not. I have since contacted my agency with theses findings. Their response was I had an employment status for the agency Not for the client. So do not come under A W R rules. I know this is not correct so just wanting some advice on my next step against the agency? Many Thanks Mark
    Tags: None

  • #2
    Can you post up an anonymised copy of your contract with the agency please in order that I can check two relevant clauses with recent case legislation.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



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    • #3
      Originally posted by Ula View Post
      Can you post up an anonymised copy of your contract with the agency please in order that I can check two relevant clauses with recent case legislation.
      Hi Here is the contract I have with agency.
      Attached Files

      Comment


      • #4
        Thank you I'll take a look this evening/tomorrow morning and post back my thoughts
        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Originally posted by Ula View Post
          Thank you I'll take a look this evening/tomorrow morning and post back my thoughts
          Many Thanks Mark

          Comment


          • #6
            I have reviewed your contract and based on clause 2.2 you are effectively an employee of the agency and it goes on to say that Regulation 5 of the AWR does not apply in so far as that relates to parity of pay.

            Unfortunately, therefore the agency is correct that parity of pay is not applicable by virtue of this clause 2.2 of the contract you have with them.



            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Originally posted by Ula View Post
              I have reviewed your contract and based on clause 2.2 you are effectively an employee of the agency and it goes on to say that Regulation 5 of the AWR does not apply in so far as that relates to parity of pay.

              Unfortunately, therefore the agency is correct that parity of pay is not applicable by virtue of this clause 2.2 of the contract you have with them.


              Many Thanks Mark

              Comment

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