The Agency Workers Regulations 2010

The Employment Rights Act 1996

13.  After section 69 insert—

“69A    Calculation of remuneration (agency workers)

    (1)  The amount of remuneration payable by a temporary work agency to an agency worker under section 68C is a week’s pay in respect of each week for which remuneration is payable in accordance with section 68C; and if in any week remuneration is payable in respect of only part of that week the amount of a week’s pay shall be reduced proportionately.

    (2)  A right to remuneration under section 68C does not affect any right of the agency worker in relation to remuneration under the contract with the temporary work agency (“contractual remuneration”).

    (3)  Any contractual remuneration paid by the temporary work agency to an agency worker in respect of any period goes towards discharging the temporary work agency’s liability under section 68C in respect of that period; and, conversely, any payment of remuneration in discharge of a temporary work agency’s liability under section 68C in respect of any period goes towards discharging any obligation of the temporary work agency to pay contractual remuneration in respect of that period.

    (4)  For the purposes of subsection (1), a week’s pay is the weekly amount that would have been payable to the agency worker for performing the work, according to the terms of the contract with the temporary work agency, but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds.

    (5)  Expressions used in this section and sections 68A to 68C have the same meaning as in those sections (see section 68D).”.