Council faces big payout after losing case on providing info on agency workers

Barnet Council could have to pay several hundred thousand pounds in compensation after a tribunal ruled that it breached regulations by failing to provide a union with information on the number of agency workers it employed.

In a ruling predicted to have significant implications across the country, the Employment Tribunal in Watford found that:

• Barnet failed to comply with s. 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of redundancies that took effect on 31 March 2012 by failing to provide information on agency workers;


• The council failed to comply with regulation 13 of TUPE 2006 in respect of transfers on 1 April and 1 May 2012 by failing to provide information on agency workers.

The tribunal made protective awards of 60 days and compensation of 40 and 50 days respectively in respect of these breaches.

The changes to s. 188 and regulation 13 were brought in by the Agency Workers’ Regulations, which came into force on 1 October 2011. They require employers to provide details of agency workers as well as information on employees in collective redundancy situations and TUPE transfers.

Unison, which brought case on behalf of 150 workers, said it had asked for the information to protect council workers as part of a wider consultation over redundancies and the transfer of staff.

The union also claimed that the decision would have important ramifications for other unions, “to help them negotiate more effectively and avoid redundancies”.

Dave Prentis, General Secretary of Unison, said: “Today’s landmark decision is an important step forward in protecting workers when they are under threat of redundancy or transfer. It must act as a warning to other councils that they must provide information on agency workers to unions or suffer the consequences.



“Across the country, councils are cutting and outsourcing services. Workers need to be protected from having their rights ridden over roughshod. [This] decision is recognition of the difficulties that unions face when employers withhold information that could and should be given.”



A Barnet Council spokesman said: “Our understanding is that Barnet is just one of many employers potentially facing legal challenge on this issue. We will obviously consider our response carefully before taking any further action given the implications the case could have across the UK.”