Dominik Kocur v Angard Staffing Solutions Limited

Dominik Kocur v Angard Staffing Solutions Limited

Neither Regulation 13 of the Agency Workers Regulations 2010 nor Article 6(1) of Directive 2008/104/EC confer on agency workers a right to apply for or be considered for notified vacancies; the right is limited to being informed of such vacancies. The legislative text, context, and purpose support a narrow construction, and the principle of non-discrimination does not extend to the right to apply for vacancies.

Parties
Appellant: Dominik Kocur; 1st Respondent: Angard Staffing Solutions Limited; 2nd Respondent: Royal Mail Group Limited
Jurisdiction
England and Wales
Judgment Date
17 February 2022
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Agency Workers, Equal Treatment, Access to Employment, Interpretation of Directives, Non Discrimination
Employment Law Labour Law European Union Law Agency Workers Equal Treatment Access to Employment Interpretation of Directives Non Discrimination

Case Brief

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Parties

Dominik Kocur

Appellant

Angard Staffing Solutions Limited

1st Respondent

Royal Mail Group Limited

2nd Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether Regulation 13 of the Agency Workers Regulations 2010 and Article 6(1) of Directive 2008/104/EC confer on agency workers a right to apply for and be considered for notified vacancies, or only a right to be informed of such vacancies.

Ratio Decidendi

Neither Regulation 13 of the Agency Workers Regulations 2010 nor Article 6(1) of Directive 2008/104/EC confer on agency workers a right to apply for or be considered for notified vacancies; the right is limited to being informed of such vacancies. The legislative text, context, and purpose support a narrow construction, and the principle of non-discrimination does not extend to the right to apply for vacancies.

Court Disposition

Appeal dismissed