Podcast Location:
Download it here [file size: 31.1 MB]
Part of:
Employment Law Report 2011 CPD Training Bundle
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This pair of podcasts aims to identify some of the most interesting practical and legal issues surrounding the implementation of the most heralded Agency Worker Regulations 2010. Following a detailed discussion of the day-1 rights in part 1, this podcast focuses on the pay and remuneration rights for agency workers under the regulations. It addresses the definition of pay and relevant exclusions. It addresses the extent to which a comparator can be used by a hirer as a defence on pay issues, the so called ‘Swedish Derogation’ and its likely uptake by hirers and the issue of liability for pay disputes concerning agency workers.

After completing the course you will:
  • Understand what constitutes pay for the purposes of the 12-week rights under the regulations;
  • Understand where bonuses and expenses come within the meaning of pay;
  • Know the extent to which a comparator could be used as a defence to deny their agency worker rights;
  • Understand how the comparator can be deployed to restrict the pay of agency workers;
  • Understand the ‘Swedish Derogation’ from the regulations and its extent;
  • Understand the commercial ‘trade-off’ that needs to be considered if seeking to circumvent the 12-week right to equality of pay;
  • Understand the liability issues vis a vis agencies and hirers when it comes to pay disputes;
  • Understand the issues about agencies and hirers sharing information relating to pay.
Complex Difficulty: 4 of 5
Legal Principles
Legislative Updates
Panel Discussion
Sources and References:
  • The Agency Workers Regulations 2010.

In this lively two part CPDcast mini-series, partner Tom Flanagan at Irwin Mitchell and Darren Newman of InCompany Training discuss the long awaited Agency Worker Regulations and the accompanying guidance. The Regulations will be implemented in October 2011 and introduce wide ranging changes to the terms and conditions enjoyed by Agency workers. Part two of this podcast focuses the new provisions on pay and the relevant exemptions for employers and agencies.

Podcast added: 05/09/11

Podcast last reviewed: 2012-07-30

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