UNION members in Victorian costume turned out in force yesterday to protest against unequal pay at a Marks and Spencer distribution centre in South Marston.

More than 400 of the workers at the Wincanton depot, which operates as part of the British brand’s distribution chain, are employed by an employment agency, 24.7 Recruitment. They are then formally employed through a further company, called Tempay Ltd, and are paid the minimum wage.

But another 300 workers doing the same job are employed directly by Wincanton at a rate of £8.45 per hour – £2 an hour more.

Union officials say the practice is unethical, and yesterday around 50 members of the GMB union gathered at the County Ground dressed up as Marley and Scrooge from the Charles Dickens novel, A Christmas Carol, to protest.

There they boarded a coach to Marks and Spencer’s offices in Slough, where they handed over a placard reading “M&S Marley and Scrooge, Ghost of Christmas Past, Victorian Working Conditions” to managers.

The majority of the protestors work for Tempay Ltd, and paraded a three-metre banner reading: “Marks & Spencer, ethical trading starts at home.”

Andy Newman, branch secretary of Wiltshire and Swindon GMB, said: “Marks and Spencer claim to have an ethical supply chain when it comes to their overseas manufacturing suppliers, but we believe that there are unethical business practices in their supply chain here in Swindon.

“GMB accuses M and S of being mean-spirited over the Christmas period, and we are taking a coach load of our Swindon members to protest outside M and S, dressed as Marley and Scrooge.”

The loophole in the law which allows companies to pay staff doing the same job a different wage is under Section 10 of the Agency Workers Regulations – otherwise known as the Swedish derogation.

But while the practice is legal, GMB members say it is unethical and runs against the Marks and Spencer ethos.

Wincanton and Marks and Spencer confirmed they were aware of the issues and were working together to address concerns.

A Marks & Spencer spokesman said: “All employees on-site are employed directly or indirectly by Wincanton. We are aware of the issues raised by the GMB and are in close contact with our partner.”

A Wincanton spokesman said: “Wincanton is a fair and ethical employer and we endeavour to give our colleagues, whether Wincanton or agency, fair and safe working conditions.”