- Agency workers: right to be informed of relevant vacancy does not include right to apply ((1) Angard Staffing Solutions, (2) Royal Mail Group v (1) Kocur, (2) Roberts)
- What are the practical implications of this decision?
- What is the background?
- Relevant law
- Background facts
- Decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: The right conferred by regulation 13(1) of the Agency Workers Regulations 2010, SI 2010/93 (the AWR 2010), which provides that an agency worker has, during an assignment, the right to be informed by the hirer of any relevant vacant posts with the hirer, does not mean that the agency worker has a right to be entitled to apply for and be considered for internal vacancies on the same terms as comparable direct employees, according to the EAT. Further, differences between agency workers and comparable direct employees in relation to shift length, the scheduling of breaks, the availability of overtime and attendance at training sessions during working time do not amount to breaches of regulation 5(1) of the AWR 2010, which entitles agency workers with 12 weeks of qualifying service to the same basic terms and conditions relating to pay and working time issues.
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