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    4 January 2021

    Agency Workers Regulations 

    Do the Agency Workers Regulations 2010 entitle agency workers to the same rights regarding vacancies as directly recruited employees? The Employment Appeal Tribunal (EAT) in Angard Staffing Solutions Ltd & Anor v Kocur & Anor held that they do not. 

    The Agency Workers Regulations 2010 (AWR) entitle agency workers to ‘Day one’ rights, one of which is the right to be informed of any relevant vacancies during their assignment. The AWR regulation 13 (1) states; ‘An agency worker has during an assignment the right to be informed by the hirer of any relevant vacant posts with the hirer, to give that agency worker the same opportunity as a comparable worker to find permanent employment with the hirer.’  

    In this case, although the claimants were notified of the vacancies, they could only apply for vacancies when they were advertised externally. If they did apply, they were then in competition with external applicants. The Employment Appeal Tribunal (EAT) found that while the agency workers had ‘Day one’ rights to be informed of any relevant vacancies, they did not hold the same rights as directly-recruited employees regarding the right to apply for and be considered for internal vacancies.

    This important clarification should be of comfort to many employers.

    If you have further questions regarding any of the points raised by our Agency Workers Regulations article, or you would like to discuss your HR requirements with a member of the Employment Business Team please do not hesitate to call 01603 598000 or email employment@steeleslaw.co.uk.

    The Steeles Law Employment team has been sharing practical tips, legal updates and industry insights related to the Employment sector. See the news page links below for more information:

    Zero-hour contracts and employee rights: Q&A

    Employee settlement agreements: Where to start?

    Job Retention Scheme to be extended until March

    Employment: Coronavirus Law update. What employers need to know

    *The information provided in this article is designed to provide useful information on the subject, not to provide specific legal advice.

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