The Agency Workers Regulations 2010

Calculating the minimum amount of pay

11.—(1) Subject to paragraph (3), the minimum amount to be paid to the agency worker during a pay reference period falling within a period to which regulation 10(1)(c) applies shall not be less than 50% of the pay paid to the agency worker in the relevant pay reference period.

(2) For the purposes of paragraph (1), the relevant pay reference period shall be the pay reference period in which the agency worker received the highest level of pay which fell—

(a) within the 12 weeks immediately preceding the end of the previous assignment, where the assignment lasted for longer than 12 weeks, or

(b) during the assignment, where the assignment lasted for 12 or fewer weeks.

(3) The minimum amount shall be not less than the amount that the agency worker would have been entitled to for the hours worked in the relevant pay reference period if the provisions of the National Minimum Wage Regulations 1999 applied(1).

(4) For the purposes of calculating the minimum amount as set out in paragraph (1), only payments in respect of basic pay whether by way of annual salary, payments for actual time worked or by reference to output or otherwise shall be taken into account.

(5) For the purposes of this regulation, “pay reference period” is a month or, in the case of a worker who is paid wages by reference to a period shorter than a month, that period.

(1)

S.I. 1999/584; relevant amending instruments are S.I. 2000/1989, S.I. 2001/2673, S.I. 2002/1999, S.I. 2003/1923, S.I. 2004/1930, S.I. 2005/2019, S.I. 2006/2001, S.I. 2007/2318, S.I. 2008/1894, S.I. 2009/1902.