12 weeks equal treatment - can I waive my right to it?

[Arkon]

Good day to you All,

That's my first post in here , I hope I will not breech any regulations or be rude if I go straight to the point.

Let me apologise for my written English in advance, as you will notice soon its not my native language, any confusion, please let me know and I will try to clarify it.

I have a query regarding to Agency Workers Regulations 2010. I have been working for the same agency in the same place in similar roles(production operative) continuously from the beginning of 2011. Just before the new regulations of equal treatment came into effect on 01.10.2011 I was asked by my agency to sign an new contract. I do not have to explain what would happen if I did not sign it freely (unemployment.)

The new contract was prepared to avoid potential claims against the new regulations(mainly basic pay, that after 12 weeks of qualifying period should represent the pay that hirer offers to directly employed.)

Agency came up with a contract that reads two interesting clauses, that for me , seem to be illegal:

1. ... during the currency of this agreement, you shall have no entitlement to the rights conferred by Regulation 5 of Agency Workers Regulations...

2. I acknowledge that by entering into this Agreement I am foregoing any future entitlement I may have to equality of pay under Agency Workers Regulations (as "pay" is defined under Regulation 5 of the Agency Workers Regulations)

In my humble opinion its is an illegal agreement as it leads to an illegal end(comparison to signing contract for murder?)

Can I ask for your opinion and advice whether it is worth to take it to the tribunal, court? What would you do if you were facing similar situation?

I do not want to start an dispute without knowing I can prove my rights.

Thank you in advance.

Regards,
Tonny

[stevemLS]

Re: 12 weeks equal treatment - can I waive my right to it?

Yes, you're right, Regulation 15 of the 2010 Regs restricts your ability to contract out of the Regs along with s203 of the Employment Rights Act 1996.

You need to weigh up whether the difference is worth the potential outcome of some reason being found to terminate your contract although a dismissal purely as a consequence of enforcing your rights would be unfair.