If you’re an agency worker, you might want to know about your rights under employment law. Here’s a story that helps answer that question.
When Royal Mail need extra staff to do mail processing at busy times and during sickness absence, they turn to recruitment partners such as Angard Staffing Solutions.
In January 2015, Mr D Kocur was taken on as a “flexible resourcing employee… to report to and be managed by Angard but report on day-to-day matters to Royal Mail”.
He worked one or more shifts every month at the Leeds mail centre, averaging two shifts with a total of 11 hours per week. Occasionally, he had a longer engagement. For example, he worked at the Castleford mail centre for four weeks during the 2018 Christmas season.
Under the Agency Workers Regulations 2010, agency workers have the right to the same treatment as employees (after a qualifying 12-week period).
Mr Kocur brought a claim against Angard and Royal Mail because:
- He was suspended in January 2019
- His 2017 Christmas bonus was paid late
- He was excluded from applying for internal vacancies on 14 May and 8 June 2018
- His shift was 12 minutes longer than comparable Royal Mail employees
- His work breaks were deducted from the overall duration of their shift
In August 2019, the employment tribunal ruled that Mr Kocur should have been classified as an agency worker and given the same rights as other employees within Royal Mail.
Angard and Royal Mail appealed, but the Employment Appeal Tribunal (EAT) has recently dismissed the appeal.
66 other agency workers are now claiming for similar reasons, and because:
- They have not been provided with equal access to personal protective equipment or hand sanitiser
- They’ve been denied a £200 payment to recognise the role that postal workers play during the coronavirus crisis
What this means to you
If you’re an agency worker who stays at one company for more than 12 weeks, you are entitled to the same rights as other employees.
Note that, despite the way your employer classifies you, the tribunal will assess the “true relationship” between you and your employer.
If you’re not sure, please give us a call. We’ll be happy to help.
Related reading
Make an Enquiry Now
To make a FREE enquiry based on any of the issues raised on this page call us on 0808 168 7288, or complete an Online Enquiry.
We have already helped thousands of people to win millions of pounds in compensation.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.