AQW 46778/11-15 Written question to the Minister of Finance and Personnel

To ask the Minister of Finance and Personnel to detail the estimate the total monetary value of wages withheld from temporary agency workers hired by the NI Civil Service, through the use of a 'Swedish Derogation ' and/or 'Regulation 10' clause , between the awarding of Contract P3436 (Supply of Temporary /Short-term Workers to NI Civil Service 2011) in November 2011 and March 2015, compared to providing these workers with their equal pay rights as stipulated by Regulation 5 of the Agency Workers' Regulations (Northern Ireland) 2011.

Asked by Stewart Dickson MLA on 5 June 2015

  • Answered
  • Written
Tabled
5 June 2015
Answer due by
22 June 2015
Answered
16 June 201511 days after tabling
Department
Department of Finance
Priority question
No

Answer

No wages have been withheld from temporary workers hired by the NI Civil service through agencies who use the Swedish Derogation Model/Regulation 10 clause, between the awarding of contract P3436 (Supply of Temporary/Short-term Workers to the NI Civil Service 2011) in November 2011 and March 2015.

The NICS contract for the supply of temporary workers to the NICS has been set up to comply with the Agency Workers Regulations (Northern Ireland) 2011 and staff have been paid accordingly. The legislation gives agency workers the right to the same basic employment and working conditions (including pay) as if they had been recruited directly, if/when they complete a qualifying period of 12 weeks in the same job. However, as per the Regulations, those agency workers who have signed up to the Swedish Derogation with their agency are not entitled to the same pay as this effectively waives their right to equal pay.

Official sources