In Angard Staffing Solutions Ltd and another v Kocur and another; Kocur and another v Angard Staffing Solutions Ltd and another, the Employment Appeal Tribunal made a number of determinations about agency worker rights, including that agency workers are not entitled to apply for, or to be considered for vacancies on the same terms as directly recruited employees.
In Kocur and others v Angard Staffing Solutions Ltd and another, the Employment Appeal Tribunal held that a worker supplied by an agency to work temporarily for Royal Mail was an agency worker, despite the fact that he was supplied exclusively to Royal Mail on a regular basis over four years.
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.