Overview

It has been over one month since the Agency Workers Regulations came into force. Given that the retail sector uses a large number of temporary agency workers, it will undoubtedly be affected by the Regulations. A number of retailers have already hit the headlines by asking agencies to hire temporary agency workers directly, using a legal loophole (commonly known as the "Swedish derogation") to avoid the full impact of the Regulations.

In this briefing, Field Fisher outline what exactly the Swedish derogation entails, the response from the retail sector and unions and lastly, alternative methods to derogation.

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