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2nd Nov 11

Morrisons discusses denying temps equal pay

by Natasha Redman

Less reasons: Morrisons latest to consider dodging new rule

A string of retailing and manufacturing employers are following Tesco’s lead by talking with their recruiters about a loophole in the law which is aimed at giving agency employees the same pay as full-time staff.

The UK’s fourth biggest supermarket chain Morrisons confirmed it has held talks with its recruiters within the logistics and manufacturing side of the business about adopting the ‘Swedish derogation’ model, which basically waives the rights of temps to new benefits. A Morrisons spokesman said that the group was using agencies that had taken on the get-out clause, pointing out that the business was taking a legitimate route.

Under the new regulations which came into effect last month, around 1.4 million agency workers are believed to be eligible for the same equal benefits and wages as permanent employees after only 12 weeks in a particular job. The law, which has been taken from a similar law on the continent, is expected to cost companies £1.8m per year to implement, with some critics warning that it has arrived at the worst time possible for businesses.

Also under the new rules, bosses can legally opt-out of workers’ new rights by requesting that their recruiters directly employ the temps, so they are not classed as agency workers anymore and therefore become exempt from the law.

Morrisons said that the derogation model was one of several strategies the grocer was adopting to deal with the new rules. The retailer would also reduce the amount if temps it uses in its logistics and manufacturing division over time, and instead employ more staff directly, said the spokesman.

Elsewhere, the largest food producer in the UK, Premier Foods, with brands including Mr Kipling, Branston and Hovis, is also taking advantage of the derogation model. The group employs 14,000 staff and relies on temps during peak periods, like Christmas, to help it push out huge orders.

In addition, the manufacturer is believed to be reinstating “beginner” pay grades for permanent workers who are newly employed, which are less than the rate that fully-trained staff earn. This is so when the group compares agency and permanent worker rates it can pay the lower rate to temps.

Separately, a number of investigations are being carried out by the Bakers, Food and Allied Workers Union concerning the new law. The union alleges that Park Cake Bakeries, the Oldham and Bolton-based supermarket dessert supplier, has ripped up its new recruits’ permanent contracts, offering them overtime benefits and lower wages. This would result in the “comparable” rate of pay which is used to work out agency workers’ wages falling, saving large sums.

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