Kocur v Royal Mail Group [2018]

The claimant was an agency worker and was supplied to the respondent through a third-party agency. After 12 weeks working he became entitled to ’12 week rights’ i.e. the same basic pay and working conditions as permanent employees. He argued that for each eight-hour night shift he was given a one hour break, but paid only for 30 minutes. Those employed directly, however, received a full hour’s pay. A claim was also brought with respect to annual leave, as those employed directly were entitled to more than 3 days’ extra annual leave compared to agency workers.

The Employment Tribunal dismissed the claims since agency workers were paid a higher hourly rate to compensate for the disparity. The