KOCUR v ANGARD STAFFING SOLUTIONS LTD
In this case which concerned the Agency Workers Regulations 2010, the Court of Appeal in England held that agency workers were not entitled to be offered the same number of hours of work as those offered to a permanent employee.
The Court heard that the purpose of the Agency Workers Regulations was to ensure equal treatment of agency workers with permanent employees while at work and also in respect of rights arising from their work. However, the regulations did not cover the amount of work which agency workers were entitled to be allocated.
The Court of Appeal upheld the view reached previously by both the Employment Tribunal and the EAT which incorporated lay members. Recognition was given to the practical effect of the position the agency worker in this case was arguing for, and in particular that it would be contrary to the purpose of using agency workers which is to give the hirer flexibility in the size of its workforce from time to time, to meet peaks and troughs in demand.
