Connex Education Partnership Ltd

Case Summary

Supply teacher claimed underpayment under the Agency Workers Regulations 2010 after completing a 12-week qualifying period, alleging entitlement to mainscale teacher rates. The tribunal dismissed the claim, finding that although the claimant was doing substantively the same work as directly-hired teachers, the respondent successfully established the statutory defence under regulation 14(3) by taking reasonable steps to obtain information from the school and acting reasonably in relying on that information.

The tribunal found that although the claimant was doing substantively the same work as a directly-hired teacher and therefore entitled to equal treatment as to pay under the Agency Workers Regulations 2010, the respondent successfully established the statutory defence under regulation 14(3) by demonstrating that it took reasonable steps to obtain relevant information from the hirer about basic working and employment conditions and acted reasonably in relying on the information provided by the school.

• •Whether claimant was entitled to equal pay under Agency Workers Regulations 2010 after qualifying period
• •Whether claimant was doing substantively the same job as directly-hired teacher
• •Whether respondent was entitled to rely on statutory defence under regulation 14(3) of AWR 2010
• •Whether respondent took reasonable steps to obtain relevant information from hirer about basic working and employment conditions

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