Kocur v Royal Mail Group [2018]

Posted In: Case Law
  • Case Reference
    UKEAT 0181_17_2302
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Contracts of Employment, Pay
Issues covered: Agency Workers Regulations 2010; Working Conditions; Rest Breaks; Less Favourable Treatment

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

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This article is correct at 05/04/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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