Same-hours claim is unsuccessful

The Court of Appeal has confirmed that an employer is not obliged to offer the same number of hours’ work to a temporary agency worker as those performed by a permanent employee in the case of Kocur v Angard Staffing Solutions Ltd [2019] EWCA Civ 1185. 


Dominik Kocur worked for agency Angard Staffing Solutions at the Royal Mail’s Leeds Mail Centre. Royal Mail directly employed about 1,050 workers at the site and engaged agency workers for around 300 shifts per week. 


Kocur was typically allocated less than 20 hours’ work per week compared with the standard 39-hour working week offered to directly-employed staff. 


He brought a claim in the employment tribunal (ET) alleging breaches of the Agency Workers Regulations 2010 (AWR). 


The ET dismissed his claim that he did not get the same rest breaks as directly employed staff, and that he was entitled to be given the same number of hours’ work. An Employment Appeal Tribunal allowed Kocur’s appeal in relation to rest breaks, but it agreed with the ET that the Royal Mail was not obliged to offer him equivalent hours. 


Rejecting his claim, the Court of Appeal held that the purpose of the AWR is to ensure the equal treatment of agency workers and permanent employees while at work, and in respect of rights arising from their work. 


The Regulations do not regulate the amount of work which agency workers are entitled to be given.

www.bailii.org/ew/cases/EWCA/Civ/2019/1185.html