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Agency workers: case re minimium rate of remuneration - Twenty-Four Seven Recruitment Services Ltd v Afonso [EAT] 16.10.18 (Unreported)

Agency workers' terms and conditions of employment specifying that they would be paid a rate of pay at least equivalent to the then current National Minimum Wage complied with the requirement to identify a worker's minimum rate of remuneration under the Agency Workers Regulations 2010 reg.10(1)(a)(i). There was no need to specify a figure: it was clear that the NMW was a minimum hourly rate of remuneration and information about the prevailing rate was readily available. However, contractual provisions to work "any 5 days out of 7" and "any 5 out of 7 days/nights as required" did not provide the worker with a figure for the expected hours of work during any assignment and therefore fell foul of the requirement in reg.10(1)(a)(iii).
Category: Employment » Agency workers; Remuneration. Area(s) of law: Employment.
Source: [2018] UKEAT 0311_17_1610.

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