London Underground Ltd v Amissah & Ors

London Underground Ltd v Amissah & Ors

Agency workers are entitled to compensation for underpayment at less than equalised rates under Regulation 5, enforceable against the hirer (LUL) to the extent of its responsibility as determined under Regulation 14. The compensation is the amount of the underpayment, apportioned according to responsibility, and subsequent events such as the agency's insolvency or failure to pay do not break the chain of causation or justify depriving the claimants of compensation from the hirer.

Parties
Appellant: London Underground Ltd; Respondents: Adelaide Amissah and others
Jurisdiction
England and Wales
Judgment Date
19 February 2019
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed; case remitted for assessment of compensation only.
Legal Topics
Agency Workers, Equal Pay, Compensation, Liability Apportionment
Employment Law Agency Workers Equal Pay Compensation Liability Apportionment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

London Underground Ltd

Appellant

Adelaide Amissah and others

Respondents

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether agency workers are entitled to compensation for underpayment at less than equalised rates under the Agency Workers Regulations 2010
  2. 2 How liability and compensation should be apportioned between the agency and the hirer under the Regulations

Ratio Decidendi

Agency workers are entitled to compensation for underpayment at less than equalised rates under Regulation 5, enforceable against the hirer (LUL) to the extent of its responsibility as determined under Regulation 14. The compensation is the amount of the underpayment, apportioned according to responsibility, and subsequent events such as the agency's insolvency or failure to pay do not break the chain of causation or justify depriving the claimants of compensation from the hirer.

Court Disposition

Appeal dismissed; case remitted for assessment of compensation only.

Orders

  • Remittal to Employment Tribunal for assessment of compensation under Regulation 18(10), 50% of which is payable by LUL to the claimants.