In the recent case of Stevens v Northolt High School ET/3300621/2014, an agency worker was awarded £10,000 compensation for underpayment by her hirer.

Discrimination

Mrs. Stevens was supplied by an agency as a temporary head of music to the hirer. After completing a 12-week qualifying period, Mrs. Stevens was still not being paid as much as she would have she been directly hired as the head of music by the hirer as an employee - a clear case of discrimination. She brought a claim against both the hirer and the agency under Regulation 5 of the Agency Workers Regulations 2010 (SI 2010/93). Mrs. Steven was paid a fee by the agency, however this was £25 less than should have been paid to her. The hirer was underpaying her by around £98 per day for 111 days.

The Award

The employment tribunal considered what would be a ‘just and equitable’ amount of compensation to be payable to Mrs. Stevens by the hirer and the agency. The tribunal held the hirer solely liable for the infringement, on the grounds that the agency had repeatedly asked the hirer for information as to the appropriate salary for Mrs. Stevens and the hirer had not supplied this information. The hirer was thus liable for the compensation of £10,878 due to Mrs. Stevens for the amount that she had been underpaid by.

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