Posted workers

Updating author: Stephen Chegwin

Brightmine editor: Zuraida Curtis

The Posted Workers (Agency Workers) Regulations 2020 (SI 2020/384) and Posted Workers (Enforcement of Employment Rights) Regulations 2016 (SI 2016/539) were revoked on 31 December 2023 by the Retained EU Law (Revocation and Reform) Act 2023. Therefore, the law as set out below is no longer in force in England and Wales, and Scotland. The Posted Workers (Enforcement Rights) Regulations (Northern Ireland) 2016/242 remain in force in Northern Ireland and has not been revoked by the Retained EU Law (Revocation and Reform) Act 2023. 

Summary

• The Posted Workers Directive (as amended) remains relevant for UK employers posting workers to a member state of the European Economic Area (EEA). (See Overview)
• A "posted worker" to whom the Posted Workers Directive (as amended) applies is a worker who, for a limited period, carries out their work in the territory of an EEA member state other than the state in which they normally work. (See Application of the Posted Workers Directive)
• The Posted Workers Directive (as amended) applies where an employer sends its workers to an EEA member state to carry out work for its customers or clients or for an associated company or business established in that other member state. (See Application of the Posted Workers Directive)
• The Posted Workers Directive (as amended) applies also where workers who are employed by an employment or placement agency are hired out to a client in another EEA member state. (See Application of the Posted Workers Directive)
• EEA member states must ensure that employers sending workers on temporary assignments to their territory guarantee those workers equality of treatment with respect to specified terms and conditions of employment applicable in those other member states. (See Requirements of the Posted Workers Directive)
• Workers posted to Great Britain who are not paid the national minimum wage, can claim against the contractor of their employer. (See Posted Workers (Enforcement of Employment Rights) Regulations 2016)
• In Great Britain (and Northern Ireland from 13 November 2020), until 31 December 2020, a hirer was required to inform the temporary work agency that it proposed to post an agency worker who had been supplied to the hirer to an EEA member state. (See Posted Workers (Agency Workers) Regulations 2020)