Angard Staffing Solutions Ltd & Anor v Kocur & Anor (AGENCY WORKERS AND CONRACT OF EMPLOYMENT) [2020] UKEAT 0105_19_1112 (11 December 2020)

Angard Staffing Solutions Ltd & Anor v Kocur & Anor (AGENCY WORKERS AND CONRACT OF EMPLOYMENT) [2020] UKEAT 0105_19_1112 (11 December 2020)

Regulation 13 AWR requires only that agency workers are informed of internal vacancies on the same basis as direct employees, not that they are entitled to apply for or be considered for such vacancies on the same terms. Regulation 5 AWR does not require agency workers to have identical shift lengths or overtime opportunities as direct employees, provided they are paid for all time worked and the maximum working time is not exceeded. Delayed implementation of pay rises for agency workers may breach AWR if direct employees receive pay rises earlier, and this issue was remitted for further determination. Equal treatment under AWR does not extend to the content of training, payslip detail,...

Citation
[2020] UKEAT 0105_19_1112
Parties
Appellant/respondent: Angard Staffing Solutions Limited; Appellant/respondent: Royal Mail Group Limited; Respondent/appellant: Mr Kocur; Respondent/appellant: Ms Roberts
Jurisdiction
United Kingdom
Judgment Date
11 December 2020
Procedural Posture
Employment Appeal Tribunal (eat) Appeals (ukeat/0105/19/joj and Ukeat/0209/19/joj) / Appeal Judgment Following ET Decision
Outcome
Appeals allowed in part and dismissed in part; some issues remitted to a different Employment Tribunal for determination.
Legal Topics
Agency Workers' Rights, Equal Treatment, Agency Workers Regulations 2010, Employment Rights Act 1996, Implementation of EU Directives, Pay Parity, Access to Employment, Working Time, Overtime, Payslip Information, Break Scheduling
Employment Law Labour Law European Union Law Agency Workers' Rights Equal Treatment Agency Workers Regulations 2010 Employment Rights Act 1996 Implementation of EU Directives +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Angard Staffing Solutions Limited

Appellant/respondent

Royal Mail Group Limited

Appellant/respondent

Mr Kocur

Respondent/appellant

Ms Roberts

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal (eat) Appeals (ukeat/0105/19/joj and Ukeat/0209/19/joj) / Appeal Judgment Following ET Decision

Legal Issues

  1. 1 Scope of agency workers' rights under Agency Workers Regulations 2010 (AWR)
  2. 2 Interpretation of regulation 13(1) AWR (access to employment/vacancies)
  3. 3 Interpretation of regulation 5 AWR (equal treatment: pay, working time, overtime, payslips, breaks)

Ratio Decidendi

Regulation 13 AWR requires only that agency workers are informed of internal vacancies on the same basis as direct employees, not that they are entitled to apply for or be considered for such vacancies on the same terms. Regulation 5 AWR does not require agency workers to have identical shift lengths or overtime opportunities as direct employees, provided they are paid for all time worked and the maximum working time is not exceeded. Delayed implementation of pay rises for agency workers may breach AWR if direct employees receive pay rises earlier, and this issue was remitted for further determination. Equal treatment under AWR does not extend to the content of training, payslip detail,...

Court Disposition

Appeals allowed in part and dismissed in part; some issues remitted to a different Employment Tribunal for determination.

Orders

  • Angard and Royal Mail's appeal on internal vacancies (regulation 13) allowed: only notification required, not equal opportunity to apply.
  • Angard and Royal Mail's appeal on shift length (regulation 5) allowed: no breach as agency workers paid for extra time.