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

Case No. 2402673/2024 1 EMPLOYMENT TRIBUNALS Claimant: O Nicholls Respondent: Connex Education Partnership Limited HELD AT: Manchester (by Cloud Video Platform (CVP)) ON: 9, 10, 11 February 2026 BEFORE: Employment Judge Ficklin REPRESENTATION: Claimant: Respondent: Mr Irving of the National Supply Teachers Network Mr Roberts, counsel JUDGMENT The JUDGMENT of the Tribunal is: 1. The claimant’s claim to have suffered less favourable treatment as an agency worker than a directly recruited employee is not well-founded and is dismissed. 2. The claimant’s claim of failure of employer to pay, or that unauthorised deductions have been made, is not well-founded and is dismissed. REASONS INTRODUCTION 1. In a claim form presented on 19 April 2024, following ACAS Early Conciliation, the claimant Mr O Nicholls brought complaints under the Agency Workers Regulations 2010 in respect of alleged underpayment after the qualifying period. 2. The respondent is Connex Education Partnership Limited. The claimant worked as a supply teacher at Lowton West Primary School (which is agreed to be the hirer) via Case No. 2402673/2024 2 the respondent as the employment intermediary, and he initially named Wigan Metropolitan Borough Council and the Governing Board of Lowton West Primary School as additional respondents. Before me the only remaining claim is against Connex. 3. ACAS Early Conciliation in respect of this respondent ran from 19 February 2024 until 1 April 2024, and the claim form was presented on 19 April 2024. The claimant’s case is that, after completing the qualifying period of 12 weeks (which is agreed to have ended on 30 April 2023), he was entitled to equal treatment as to pay and was paid at rates below the rate to which he would have been entitled had he been recruited directly by the hirer. He quantified …