In Kocur v Angard Staffing Solutions Ltd and another, the Court of Appeal held that agency workers' entitlement to the "same basic working and employment conditions" as permanent staff after 12 weeks does not extend to being given the same number of hours' work.
In Kocur v Angard Staffing Solutions Ltd and another, the Employment Appeal Tribunal (EAT) held that a failure to provide an agency worker with the same annual leave entitlement and paid rest breaks as those enjoyed by permanent employees could not be offset by a higher rate of pay.
The Employment Appeal Tribunal (EAT) has confirmed the correct approach that tribunals should follow when calculating compensation for an infringement of reg.5(1) of the Agency Workers Regulations 2010.
In McTigue v University Hospital Bristol NHS Foundation Trust [2016] IRLR 742 EAT, the EAT held that, in order for a claimant to be a "worker" within the meaning of the extended "whistleblower" definition in s.43K of the Employment Rights Act 1996, all that is required is that the end user substantially determined the terms under which the claimant carried out his or her work. It is not necessary to show that the end user determined those terms to any greater or lesser degree than the agency, of whom the claimant might also be an employee or worker.