PROTESTERS have met European Union officials to urge them to correct a “legal loophole” in a pay dispute at a South Marston distribution centre.

A delegation of the GMB Union went to Brussels to urge the EU Commission to alter a law that allows employers to pay workers different wages for the same role.

The rule comes under Section 10 of the Agency Workers Regulations – otherwise known as the Swedish derogation.

Many of the workers at the DHL depot in South Marston – which was formerly run by Wincanton and operates as part of much-loved British brand Marks & Spencer’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 other workers doing the same job are employed directly by DHL at a rate of £8.50 per hour – £2 an hour more.

While the practice is legal, GMB members say it is unethical and runs against the Marks & Spencer ethos, and have now taken their concerns to the EU.

Chris Watts, president of the Wiltshire and Swindon branch of the GMB, said: “Our delegation to Brussels was extremely successful. We met with senior EU Commission officials for Employment, Social Legislation and Social Dialogue leading on Agency worker legislation.

“It was interesting to note that only five member nations have allowed Swedish Derogation of agency contracts in their country (UK, Ireland, Sweden, Hungary and Malta).

“We were able to explain to the EU Commission officials and MEPs that the Swedish Derogation loophole was being inappropriately applied wholesale to hundreds of agency workers in Swindon.

“This legal trickery is solely for the purpose of working against the principles and spirit of the Agency Workers Directive to promote equality, security, social mobility and economic stability.”

Both DHL and Marks and Spencer responded to the claims by re-affirming that there was nothing illegal in their employment and distribution policies.

A DHL spokesman said: “The practice of using derogated workers is common throughout the logistics industry.”

A spokesman for Marks & Spencer said: “Our site in Swindon is operated by our logistics partner DHL. All employees are employed either directly or indirectly by DHL.”