Thursday 20 January 2022
The appellant, Mr Kocur, appeals against the order made by the Employment Appeal Tribunal (Cavanagh J) dated 17/12/20 overturning the ET’s decision in his favour
(a) in relation to there being a breach of reg 13 Agency Workers Regs 2010 for a failure to allow an agency worker to apply for the identified vacant post
(b) in relation to a breach of reg 5 of the 2010 Regs on basis that the agency worker worked a 12 minute longer shift.
The case concerns the proper interpretation of two important provisions of the Agency Workers Regs 2010:
-Reg 13(1) providing that during an assignment an agency worker had right to be informed by hirer of any relevant posts with hirer, to give that agency worker same opportunity as comparable worker to find permanent employment with the hirer;
-Reg 5(1) which provides that agency worker has entitlement to same basic working and employment conditions as as he would be entitled to for doing same job had he been recruited by hirer.