Agency Worker v permanent employee
29 July 2019
The Court of Appeal has held that an agency worker is not entitled to be offered the same number of hours of work as those performed by a permanent employee.
In the case Kocur v Angard Staffing Solutions Limited:
The Agency Workers Regulations 2010 entitle an agency worker to the same conditions of work as a permanent employee, but this does not extend to an entitlement to be offered the same number of hours of work as those performed by a permanent employee.
The Court of Appeal held the purpose of The Agency Workers Regulations 2010 was to ensure the equal treatment of agency workers and permanent employees while at work, and in respect of rights arising from their work.. The Regulations did not regulate the amount of work which agency workers were entitled to be given.
With thanks to Daniel Barnett’s employment law bulletin for providing this update.