The case for recruiters and employers keeping a close eye on legal obligations to their temporary workers in the Agency Workers Regulations (AWR) era was highlighted again this week.

Over 150 workers employed by Barnet Council are to receive compensation after an employment tribunal in Watford found the council failed to provide a union with information required under the rules.

After redundancies of workers which took place on 31 March 2012, the public service union Unison should have been provided with information on the number of agency workers employed by Barnet, under changes to TUPE (Transfer under protected employment) legislation brought in as a result of the 2011 introduction of the Agency Workers Regulations (AWR).

The information was required by Unison as part of a consultation over the redundancies and TUPE transfers. Protective awards of 60 days and compensation of up to 50 days’ pay was made to the workers.

According to a Unison news release, Barnet’s failure to provide the information was “a relatively serious failure”.

Dave Prentis, general secretary of Unison, says: “Across the country, councils are cutting and outsourcing services. Workers need to be protected from having their rights ridden over roughshod. Today’s decision is recognition of the difficulties that unions face when employers withhold information that could and should be given.”

Adds John Burgess, Barnet Unison branch secretary: “Our reps repeatedly warned the Council about their responsibilities to provide the agency data at a time when staff are at ‘risk of redundancy’ and outsourcing. Barnet Council have become increasingly reliant on consultants and chose to ignore our attempts to resolve this matter locally.”

• This is the third AWR case Recruiter has been aware of in 2013.