The Agency Worker Regulations 2010 (‘the Regulations’) apply to agency workers who are assigned to undertake temporary work for hirers through temporary work agencies.
The Regulations provide agency workers with various rights, including:
These rights were considered and refined by the Employment Appeal Tribunal (EAT) in a case called Angard Staffing Solutions Limited v Kacor.
Angard Staffing Solutions Limited (ASS) is an employment agency which is a wholly owned subsidiary of Royal Mail. ASS provided agency workers to Royal Mail, reacting to Royal Mail’s fluctuating demand for postal workers.
Multiple agency workers employed by ASS, but who were supplied to work in one of Royal Mail’s centres, complained that both ASS and Royal Mail had breached the Regulations, including:
The agency workers succeeded in two of five of their claims, against which ASS and Royal Mail appealed. The workers also appealed against some of the Tribunal’s findings towards them.
Most notably, the EAT held that:
The EAT’s guidance in this case provides eagerly awaited clarity as to the application of the Regulations. End-users of agency workers’ services will breathe a sigh of relief at the EAT’s strict and very narrow interpretation of the Regulations.
For further news and updates on employment law developments as they happen, please follow our specialist Employment Law Twitter Feed @TLT_Employment and subscribe to our Employment Law Focus podcast – the latest episode, on ‘working parents’ is available here.
Contributor: Amanda Applegate
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at January 2021. Specific advice should be sought for specific cases. For more information see our terms & conditions.
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