Agency worker not entitled to same hours as permanent employee

By Joanne Stronach Head of Employment & HR

An agency worker has lost his claim that he should be entitled to the same number of working hours as a permanent member of staff.

Dominik Kocur was employed by recruitment company Angard Staffing Solutions, who provided staff for Royal Mail.

Kocur regularly worked alongside permanent members of Royal Mail staff, performing similar duties.

However, whereas the Royal Mail workers were guaranteed shifts of 39 hours per week, Kocur would typically be given less than 20 hours work.

He claimed his employers were in breach of the Agency Workers Regulations 2010, which states that agency workers are entitled to the “same conditions” as permanent staff members.

Kocur claimed his entitlement of equality in “duration of working time” should allow him the same working hours as the Royal Mail employees.

However, the Employment Tribunal dismissed his claim.

It stated that the “duration of working time” referred to the length of shifts and breaktime entitlement, and not the number of working hours an employee could expect during any given week.

The Employment Appeal Tribunal upheld that decision. It added that the directive was to ensure fairness and equality for agency workers in terms of working rights.

To interpret “duration of working time” as entitlement to weekly hours would defeat the whole purpose of a business making use of agency workers, namely being able to adjust the size of their workforce when necessary to suit their requirements.

If you would like more information about the issues raised in this article, or any aspect of employment law please contact Joanne on 01228 516 666 or email her here.