Royal Mail loses appeal over agency workers' status
- Date: Monday 27th July 2020
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When engaging workers through an agency, do bear in mind that agency workers have the same rights as their employed colleagues, once they have worked for you in excess of 12 weeks. This means the same pay, holiday, bonus and pension provisions, as well as any other benefits their counterparts may be eligible for.
Kocur v Royal Mail and Angard Staffing Solutions reinforced that tribunals will assess the true working relationship between employers and agency workers and assess not only the length of service but overall reliance on skills and experience.
Although Mr Kocur only worked one or two shifts a week, he did so for a number of months and also helped out during busy periods.
The courts decided that he should be classed as an agency worker, and therefore be awarded employment rights according to his status.
If you work with staffing agencies, make sure that you have the appropriate systems in place to flag long service staff and potentially adjust their pay and benefits accordingly.
It is also important to capture this agreement in your terms and conditions with the agent.
For more information on this particular case, please click here.
Source: Manuela Grossmann