In the case of Angard Staffing Solutions Ltd and ancor v Kocur and ors, the EAT held that the employment tribunal was entitled to find that the worker satisfied the definition of “agency worker” in Reg 3 of the Agency Workers Regulations 2010.
The worker was supplied to the Royal Mail by ASS Ltd and only ever worked for this client and did so over four years. The tribunal found that each and every assignment was for a defined period and that there was confusion between the worker’s contract with ASS Ltd to what the contract was between ASS Ltd and the Royal Mail. Although the workers’ contract was permanent the tribunal found that the work supplied to the Royal Mail was temporary. ASS Ltd appealed to the EAT where the EAT dismissed the appeal.
The EAT held that the focus should be on the basis on which the worker is supplied to work on each occasion. It came down to the contractual documentation and what was happening in practice. This is very fact specific, however, it is interesting that in this case the worker is defined as an “agency worker” and not an employee.
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