Abolition of the Swedish derogation

Government guidance on the Agency Workers Regulations has been updated to reflect the forthcoming repeal of the ‘Swedish derogation’.

The Agency Workers (Amendment) Regulations 2019, which come into force on 6 April 2020, do away with the so-called Swedish derogation – and the official guidance has been updated to reflect this. The amending regulations do this by revoking reg. 10 and 11 of the Agency Workers Regulations 2010 which allow agency workers to opt out of equal pay entitlements which become available after 12 weeks in the same role with the same hirer, subject to certain conditions including pay between individual assignments in the UK. Agencies will have to give agency workers covered by the Swedish derogation a written statement informing them that, from 6 April 2020, they are entitled to the rights relating to pay contained in reg. 5. Such a statement must be given by 30 April 2020. Failure to do so means an agency worker will be able to bring a tribunal claim.