Agency worker receives £5,900 for breach of equal pay rights
"I hope that my story will give others the confidence to ask for what they are entitled to."
Law Centre (NI) client Andrea Richardson has received over £5,900 in compensation in a settlement for breach of the law which protects agency workers’ rights.
In her application to the Industrial Tribunal, Ms Richardson claimed that she was entitled to equal pay with direct employees of the organisation she was working for.
In a settlement reached on the morning of the hearing, Kennedy Recruitment Limited and an umbrella company, called Zeva, admitted being in breach of the Agency Workers Regulations (Northern Ireland) 2011.
Welcoming the result, Ms Richardson said:
“I hope that my story will give others the confidence to ask for what they are entitled to. While agency work can suit some people, I am not an agency worker by choice – the lack of permanent, direct employment has made it my only option. The job insecurity that comes with agency work can be stressful and it is important that our rights are protected.”
The regulations were introduced to protect the rights of agency workers. Law Centre’s director Glenn Jordan is concerned that the Regulations are not benefiting agency workers to the extent that was envisaged at the time they were introduced. He added:
“We will continue to highlight cases where we believe that agency workers’ rights have been breached so that the Agency Workers Regulations truly work as they were intended, to protect agency workers.”
Andrea Richardson had been recruited by Kennedy Recruitment Limited to work with Land and Property Services (a division of the Department of Finance and Personnel) for ten months as a mapping and charting officer. She was paid less than mapping and charting officers employed directly by Land and Property Services.
Near the end of her time with the Land and Property Services, Andrea discovered that she might be on a type of contract - known as a Swedish Derogation contract - that allows a worker on an employment contract with an agency to be paid less than a direct employee in certain circumstances. Andrea contacted Kennedy Recruitment Ltd. to ask about her rights under her contract. She was told that her employer was in fact the umbrella company Zeva.
At this stage, Andrea contacted Law Centre (NI) for help.
Caroline Maguire, employment legal adviser at the Law Centre, assisted Andrea to lodge an employment tribunal case to claim that she was entitled to the same rate of pay as direct employees of Land and Property Services.
Kennedy Recruitment Ltd. and Zeva settled the case on the basis that, since there was no employment contract with Andrea before she started her work at Land and Property Services, she was not on a valid Swedish Derogation contract and should not therefore have received less pay than colleagues employed directly by the Land and Property Service.
Andrea received the full value of her back pay.
Protecting agency workers’ rights
Caroline Maguire said:
“This case is a reminder to other agency workers that they may need to check whether they are entitled to the same rate of pay as colleagues who are direct employees.
We don’t know the extent to which agency workers in Northern Ireland are losing out on their employment rights but it’s not the first time the Law Centre has advised agency workers who have been affected by Swedish Derogation type contracts.
It’s important for all agency workers to check the status of their contract with their agency and seek advice if they have concerns.”
The Swedish Derogation
Under the Agency Workers Regulations (Northern Ireland) 2011, after 12 weeks in the same post, agency workers should normally be paid the same amount as direct employees doing similar work in their workplace (in Andrea’s case, employees of Land and Property Services).
A clause in the regulations, called a ‘Swedish Derogation’ or ‘Regulation 10’ contract, entitles agencies to continue to pay them less if, in exchange, the agency has entered into a contract with the worker which:
- gives the worker a permanent contract as an employee of the agency (in Andrea’s case, either Kennedy Recruitment or Zeva),
- provides for a minimum amount of pay for the first four weeks after an assignment ends, and
- requires the agency to actively look for suitable alternative work for the worker.
The employment contract agreeing these arrangements must be signed before the worker’s assignment starts.
Law Centre (NI)'s employment legal advice line is open from 9.30am to 1pm Monday to Friday: 028 9024 4401
First set of rules on Northern Ireland's welfare reform applies from today
The first set of regulations regarding the implementation of welfare reform in Northern Ireland has been published.
Today 17 February, the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 1) Order 2016 (SR.No.46/2016) brings into force some of the provisions of the Welfare Reform Act, including provisions on:
- removal of Employment and Support Allowance (ESA) in youth
- dual entitlement to ESA
- the Social Fund and discretionary payments to persons suffering disadvantage
- the benefit cap
- information sharing
- application of the limitation on recovery of benefit overpayments
- regulations making powers for Jobseeker's Allowance
The regulations also cover provisions coming into force at later dates:
4 April 2016
- other provisions on the recovery of overpayments
- penalties as alternative to prosecution
13 June 2016
- new time limits for entitlement to contributory ESA and entitlement after the time limit has been reached
16 January 2017
- entitlement to Income Support for lone parents restricted to those with children under 5 years of age.
Watch: NI welfare reform in focus
Law Centre (NI) continues its series of programmes with Northern Visions NVTV, with an introduction to welfare reform in Northern Ireland.
LSP volunteer gets DLA award for client
Law Centre (NI)'s Legal Support Project (LSP) successfully represented a woman in an appeal against refusal of Disability Living Allowance (DLA).
The client suffered from asthma, fibromyalgia, depression and anxiety. As a result, she found it difficult to go out unaccompanied and experienced difficulties with self- care.
The LSP helped her to collect supportive medical evidence for her appeal and an LSP volunteer represented her at the hearing. The tribunal awarded the Low Rate Mobility component for a two year period.
The client received a backdated payment of £847.95 and £21.80 per week for the remainder of the two-year period.
The LSP relies on pro-bono work to help people who would otherwise go unrepresented at social security and employment tribunals.
Social Security Advisory Committee meets local advisers at the Law Centre
On 10 February, Law Centre (NI) hosted a meeting between the Social Security Advisory Committee (SSAC) and members of the Welfare Reform Group. SSAC is consulting local agencies on the impact of welfare reform and other benefits issues.
SSAC is a UK-wide advisory non-departmental public body with an important role in scrutinising social security legislation.
Convened by the Law Centre, the Welfare Reform Group is a coalition of voluntary and community organisations whose client groups are affected by welfare reform developments.
Belfast High Court rules Widowed Parent’s Allowance applies to unmarried mother
Law Centre (NI) welcomes this week's ruling in favour of an unmarried mother who launched legal action over her inability to access a widowed parent's allowance.
Citizens Advice had applied to Belfast High Court for judicial review on behalf of a client whose children were denied bereavement benefits following the death of her partner of 23 years.
The Court ruled that the client had no claim to the lump sum bereavement benefit but that she should have access to a £112.55 weekly payment, conferred due to parentage.
In his judgment, Mr Justice Treacy said: "Even allowing for the State's margin of appreciation, I do not consider that the exclusion of the applicant from widowed parent's allowance on the grounds of her marital status can be justified.
"Indeed, it may seem somewhat strange to rely, as a justification for the restriction, on the contention that it promotes the institution of marriage and civil partnership when parents, whatever the status of the relationship, owe the same financial or legal duties towards their children.”
The Law Centre congratulates Citizens Advice on this significant decision with potential UK-wide implications.
NIJAC seeks to appoint County Court Judge and CICAP Lay Member
County Court judge
Northern Ireland Judicial Appointments Commission is inviting applications for the office of County Court Judge. It is intended to make one appointment (and to create a reserve list).
The scheme is open to applications from Friday 22 January 2016 and completed applications must be received by NIJAC no later than 12 (noon) on Monday 15 February 2016.
Further details: NIJAC- Current Opportunities
NIJAC is also inviting applications for appointment to the office of fee paid Adjudicator (Lay Member) of the Criminal Injuries Compensation Appeals Panel for Northern Ireland (CICAP).
Further details: NIJAC- Current Opportunities
Missed our welfare reform seminar?
Listen or read about it here
OFMDFM active ageing strategy launched today
OFMDFM has launched its Active Ageing Strategy today.
The Law Centre fed into the strategy through the participation of our Assistant Director (Policy and Communications) Ursula O'Hare in the Ageing Strategy Advisory Group. The Group was chaired by Claire Keatinge, the former Commissioner for Older People.
Tbhe vision is of "Northern Ireland being an age friendly region in which people, as they get older, are valued and supported to live actively to their fullest potential; with their rights respected and their dignity protected."
The strategy is to be implemented through the Delivering Social Change Initiative through a series of actions detailed in Annex B of the report. It involves two phases:
- a first phase of actions for which funding have been identified: covering age-friendly environments, fuel poverty, fear of crime, engagement, digital inclusion, a volunteering strategy, care and dementia services phase 1, aprenticeship, education and leisure, discrimination, decision making and mental capacity,
- a second phase of actions for which funding remains to be secured: benefit uptake, accessible homes in the public sector, care and dementia services phase 2, quality of life in care homes, support for carers, and employment opportunities.
The report states:
"OFMDFM will also liaise with its Ageing Strategy Advisory Group, which includes older people and members of groups representing the interests of older people.
We will explore with this group, which has played such an important role in providing advice during the development of this Strategy, whether it will provide a monitoring and review role of the delivery of the strategy through meetings with Junior Ministers and officials.
We will also make arrangements to enable older people directly to be involved in the monitoring of how the Strategy is implemented and to have direct access to appropriate officials."
UK signs up to international commitment to prevent forced labour
Today, 22 January, the UK became the third country in the world to sign up to an important international commitment to prevent forced labour and to protect all workers from exploitation.
The UK has joined Norway and Niger in ratifying the International Labour Organisation (ILO)'s Protocol on Forced Labour.
Building on the Forced Labour Convention of 1930, the Protocol adds requirements for governments to raise awareness, address the causes of exploitation, and strengthen legislation to tackle labour exploitation. Importantly it emphasises the need to both support and protect victims of forced labour.
Focus on Labour Exploitation (FLEX), an organisation working to end human trafficking for labour exploitation, has welcomed this move but cautioned that some aspects of the UK Immigration Bill threaten to weaken labour inspection and therefore the UK compliance with the Protocol.
More information on the website of Focus on Labour Exploitation
DEL/DoJ seminar on labour exploitation
Awareness Raising Seminar on Labour Exploitation
Thursday 28 January
Wellington Park Hotel, 21 Malone Road, Belfast, BT9 6RU
Speakers will include representatives from the Department for Employment and Learning, the Department of Justice, the PSNI, Freedom Acts, Law Centre (NI) and Migrant Help.
Registration, tea and coffee: 9.30am
1pm: light lunch
Free parking available
Northern Ireland's welfare reform advisory group publishes recommendations
The Welfare Reform Mitigations Group has published its report today.
Chaired by Professor Eileen Evason, the Group was set up as part of the Fresh Start Agreement.
The report makes a number of recommendations to soften the impact of welfare reform in Northern Ireland and provide independent advice to people who need support as they navigate the changes to the benefit system.
The recommendations cover mitigation payments to carers, people suffering ill health and families on low incomes.
Headline recommendations of particular interest to social security advisers include:
- covering 75% of the loss incurred by people on Disability Living Allowance who would lose out over £10 a month in the move to Personal Independence Payment (PIP);
- additional PIP points for those with conflict related injuries;
- using the resources originally allocated to cover planned tax credit cuts to help people affected by the introduction of Universal Credit, as tax credit cuts have since been abandoned by the UK government.
As expected, the report also recommends full mitigation for the bedroom tax.
Eileen Evason will discuss the report's recommendations at the Law Centre's AGM and seminar on Thursday 28 January. Other speakers include Alison Garnham of Child Poverty Action Group, NI Human Rights Chief Commissioner Les Allamby and Dr Grainne McKeever of Ulster University and Social Security Advisory Committee. Find out more about the event here.
Changes to State Pension Age affect social security benefits
The Department for Work and Pensions has announced that the State Pension age is going to increase at a faster pace than originally planned under the Pensions Act 2011.
From April 2016, women’s State Pension age will increase more quickly, to reach 65 by November 2018 instead of March 2020.
From December 2018, the State Pension age for both men and women will start to increase to reach age 66 by October 2020 instead of 2026.
How this will apply in practice:
- women born on or after 6 April 1953 will be affected by the accelerated equalisation of State Pension age to 65;
- men and women born after 5 December 1953 but before 6 October 1954 will have a State Pension age between 65 and 66;
- men and women born on or after 6 October 1954 and before 6 April 1960 will have a State Pension age of 66.
This change impacts on a number of social security benefits:
- Pension Credit qualifying age will rise in line with the accelerated increase in women's state pension age to 65 and subsequently in line with the increase to 66;
- working age benefits such as Employment and Support Allowance, Jobseeker's Allowance and Income Support will now be available up to the appropriate revised state pension age; and
- all future claimants for other benefits with a link to the state pension age threshold - for example the Winter Fuel Payment, Attendance Allowance, Disability Living Allowance and Personal Independence Payment - will also be affected.
Northern Ireland advisers who need help with this or with other social security issues can contact our advice line, Monday to Friday, 9.30 to 1pm: 028 9024 4401
Minister announces free English classes for refugees in Northern Ireland
The Law Centre is delighted with Minister Farry’s announcement to ensure that all refugees in Northern Ireland can access English classes in further education colleges, free of charge.
Recognising the importance of English language skills for refugees, the Law Centre has long pressed for free classes. The journey has taken a while and we view today’s announcement as testament to the power of collective effort.
The Law Centre, NICRAS and Bryson Charitable Group first called for free English classes back in 2010.
DEL agreed to implement free English classes on a pilot basis from 2012. The following year, the Law Centre compiled detailed feedback from a range of voluntary and community organisations and made the case for extending the scheme to all refugees.
This call has reverberated ever since, with a wide number of organisations, agencies and MLAs highlighting the importance of free English classes. The Refugee and Asylum Forum made English classes one of its Five Actions in its SAFER campaign in 2015. We were so pleased when the campaign gained backing from Belfast City Council and then from many MLAs during a Northern Ireland Assembly debate. The Equality Commission and OFMDFM also lent their support.
The Law Centre would like to say a big thank you to Minister Farry and DEL officials for today’s announcement.
We have no doubt that this change in policy – while relatively small in budget terms – will make a huge difference to the lives of refugees in Northern Ireland.
Photo: Members of the Refugee Asylum Forum on the steps of Stormont last year, promoting the SAFER campaign, including request for free English classes.
Job advert - Joint Standards Committee Member
Job reference number: IRC206402
The Joint Standards Committee of the Northern Ireland Social Security Agency (the Agency) and the Northern Ireland Child Support Agency was set up in December 1999. The latter has been succeeded by Child Maintenance and Enforcement Division from April 2008 and then Child Maintenance Service from April 2013. The Committee is a non executive body with an independent chairperson responsible for providing the Chief Executive of the Agency and Director of Child Maintenance Service with assurance on the standards of decision making.
The Social Security Agency and Child Maintenance Service wish to appoint an independent member and are now seeking applications.
Applicants must have:
• a general knowledge of the business of both the Social Security Agency and the Child Maintenance Service and the corresponding legislation;
• an awareness of public opinion on social security and child support matters;
• experience of working with the voluntary sector, community groups, trade unions or other groups which regularly represent customers in their dealings with the Social Security Agency and the Child Maintenance Service;
• an ability to work as part of a team;
• an ability to put forward views and opinions clearly and concisely.
The appointment is for an initial period of 4 years, renewable by agreement. It is expected that the member will commit approximately eight days a year. Salary will be £2,080 per annum subject to annual review. Successful applicants may be required to travel within Northern Ireland.
How to apply
For an application form and more detailed information, including the duties and responsibilities of this post, and the criteria to be used in the recruitment and selection process:
Please go to: www.nicsrecruitment.gov.uk
Alternatively, an application pack can be requested by contacting: HRConnect, PO Box 1089, The Metro Building, 6-9 Donegall Square South, Belfast, BT1 9EW.
All requests must include your name, address and reference number IRC206402
Completed applications must be returned by 2pm on Friday 5th February 2016
The Department for Social Development is committed to the principles of public appointment based on merit, with independent assessment, openness and transparency of process. The Department is committed to providing equality of opportunity and welcomes applications regardless of gender, age, marital status, disability, religion, ethnic origin, political opinion, sexual orientation or whether or not you have dependants.
AGM and seminar: what now for social security?
Law Centre (NI) AGM and certificates presentation 28 January, followed by a seminar on the future of social security.
Update: listen to the speakers here.
Cross border workers and Child Benefit
The issue of competent State for social security purposes causes difficulties for many cross border workers.
On referral from Newry Citizens Advice, Law Centre (NI) helped a lady whose Child Benefit had been stopped for this reason.
Born and raised in Newry, she holds an Irish passport and has an online business, which is registered in NI. She moved four miles over the border and was receiving Child Benefit under EU rules as her business was registered in Northern Ireland and she paid tax in the UK.
When her third child was born she received Maternity Allowance from the UK but her Child Benefit was stopped on the basis that the UK was no longer her competent state.
When Maternity Allowance ended and she returned to self-employment she made a fresh claim for Child Benefit which was not processed pending the outcome of the appeal.
When she was referred to the Law Centre she had not received Child Benefit for more than a year
How we helped
We lodged written submissions on the EU law issue of competent state. The decision was revised and arrears paid.
We sent a pre action letter about the failure to process the recent claim and the claim was processed and payment made.
The client received arrears of £3,110 and weekly payments of £46.
"When my caseworker contacted me to say she could help, I was overwhelmed with relief. Just over two months later, HMRC changed their decision and said all arrears would be paid. The Law Centre allowed me to be heard and I cannot thank them enough."
Training Calendar January-March 2016
Our Training calendar for the first quarter of 2016 is now available.
It lists over 25 courses being run by Law Centre (NI) between January and March 2016, with details on how to book and get further information.
Helping young mother access her benefits
On referral from Antrim CAB, Law Centre (NI) represented a Polish lady who had problems with accessing benefits during her pregnancy.
She had been working in Northern Ireland for a long time, primarily through a recruitment agency.
As her pregnancy advanced, she was getting offered less and less work until she had no work at all and claimed Jobseekers’ Allowance. She then claimed Income Support in the late stages of pregnancy but was refused. The Department decided that she had no right of residence for Income Support purposes, although still entitled to Maternity Allowance and Housing Benefit.
After her child was born, she claimed Child Benefit and Child Tax Credit. She was refused Child Benefit, again on grounds of no right of residence.
When her Maternity Allowance ended, Northern Ireland Housing Executive decided that a ‘reasonable period’ for her to find work had passed and therefore she had no right of residence for Housing Benefit either.
The Law Centre appealed all three refusals. The adviser was successful with the Income Support and Child Benefit appeals, having argued that the client retained worker status as long as she returned to work or workseeking after a reasonable period. At the time of hearing, her child was only a few months old and she had not found work yet.
The Housing Executive refused to change its decision, although a recent GB decision found that the reasonable period should be 52 weeks, and that it was sufficient that the mother had returned to the labour market by claiming JSA.
The client is now working and the correct benefits are in place, but the Law Centre is continuing with the Housing Benefit appeal as the decision had caused her financial hardship.
Residence rules for social security purposes are complex. Advisers are welcome to contact our social security legal advisers for help on any cases involving right to reside, ordinary residence and habitual residence.
Our advice line: 028 9024 4401, Monday to Friday, 9.30am to 1pm
Welfare Reform (NI) Order 2015 now in force
The Welfare Reform (Northern Ireland) Order 2015 came into force yesterday. Find it here: SI.No.2006/2015
The Order introduces the primary rules for the new benefits Universal Credit and PIP which will be further set out in Regulations in the near future.
Other provisions include a 365 day limit on Contributory ESA, or 'if the Department by order specifies a greater number of days, that number of days' (Article 57). Worth keeping an eye out for as this was one of the first measures to come into force in GB.
The Order confers powers on the Department for Social Development to make regulations for welfare reform but transitory provision in the Order allows the Secretary of State to exercise most of these powers in the first instance to secure the introduction of the reforms. These powers may be transferred back to Stormont at a later date.
As per Stormont's Fresh Start Agreement, the Order differs from GB's Welfare Reform Act 2012 to allow for limited mitigations in top-up payments and sanctions. DSD retains the powers to make provision for discretionary financial assistance.
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