Equal pay: apportionment of compensation under Agency Workers Regulations


Re: London Underground Ltd v Amissah & Ors [2019] EWCA Civ 125

An employment judge erred in ruling that LU, which shared responsibility with an agency for breaching 31 workers’ entitlement to equal pay under the Agency Workers Regulations 2010, reg 5, should not have to pay compensation. The judge was wrong in his assessment that it was not “just and equitable” under regs 14, 18 to order the hirer to pay 50% compensation after it had paid money to the agency to make good the underpayment but the agency had not passed it on to the workers. Although the hirer in effect had to ‘pay twice’, it would not be just and equitable to deprive the respondents of compensation otherwise due. Reg 5 has the effect of creating a substantive right to the equalised benefits.

Tom Linden QC was involved in this case.