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Lydia Seymour in Court of Appeal case on the Agency Workers Regulations

Lydia Seymour acted for the appellant in London Underground Limited v Amissah & Others – a rare Court of Appeal (CoA) consideration of remedies under the Agency Workers Regulations (AWR), and specifically the liability of hirers in circumstances in which an employment agency goes into liquidation.

This case raises some interesting points below:

  1. The CoA found that the approach of both the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) to compensation under the AWR had been wrong. The AWR provide an enforceable right for workers to be paid at the same rate as their comparators rather than simply a right to equal terms;
  2. Although the hirer, London Underground Limited, had already paid the agency all of the sums due to the Claimants by the time the claims were brought, that money had not been paid on time and was not ultimately paid to the Claimants by the agency (in circumstances which the ET had found were suggestive of fraud). The Claimants therefore retained a direct claim against London Underground Limited;
  3. So, in the circumstances of this case, the hirer was obliged to “pay twice”, the Court of Appeal holding that it was London Underground Limited who chose to deal with the employment agency, and thus London Underground Limited and not the Claimants “who should bear the burden of Trainpeople’s dishonesty“.

Please read more about the case in the judgment here.

Lydia Seymour has a specialist pensions and employment law practice. She has been recognised by the legal directories as a leading junior since 2005 and is listed in both the employment and pensions categories.

Her practice includes all aspects of ‘black letter’ pensions law, including: de-risking, rectification, withdrawal arrangements in multi-employer schemes and trustee duties. Her clients include the Pensions Regulator, employers, trustees, trade unions and individuals.

Lydia also acts in claims of professional negligence arising from actuarial and legal advice to pension schemes, including cases in which allegations of breach of duty have also been made in respect of professional or lay trustees.

Given the dual nature of her practice, Lydia has developed a particularly strong reputation in the areas of crossover between pensions and employment law, and she is instructed in many of the leading cases in this area, particularly those which raise issues of age or sex discrimination in relation to pension provision, TUPE and breach of trust and confidence.

To instruct Lydia, please contact clerks@outertemple.com.

News 19 Feb, 2019

Authors

Lydia Seymour

Call: 1997

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