Agency Workers Regulations 2010

In Angard Staffing Solutions Ltd and Royal Mail Group Ltd v Kocur and anor [2020], agency workers supplied by Angard to Royal Mail sued Royal Mail because under the Agency Workers Regulations 2010 (AWR), agency workers are entitled to information about vacancies in the hirer to give them the same opportunity as other workers to find permanent employment. This right applies from the first day of their assignment.

When there are permanent job vacancies, Royal Mail posts the vacancies on a notice board. Vacancies are offered to Royal Mail employees in permanent posts first and to those in a reserve class of directly employed employees. Agency workers are not eligible to apply for the posts. Agency workers can, however, apply for vacancies when they are advertised externally, and will be in competition with all other external applicants.

Mr Kocur argued that Royal Mail's practice breached his right "to information about vacancies in the hirer to give [agency workers] the same opportunity as other workers to find permanent employment". He said that the right included a right to (1) be notified of vacancies, (2) apply for a vacancy, and (3) be considered for a vacancy.

The Court of Appeal disagreed and said that the Royal Mail was right. Agency workers simply have a right to be informed by the hirer of vacancies. This does not mean that an  agency worker is entitled to apply for, and be considered for, internal vacancies on the same terms as directly recruited employees.