Agency Workers have the right to be notified of vacancies but not the right to apply or be considered for them the Court of Appeal decided last week in the case of Kocur v Angard Staffing Solutions Ltd and another.
The Court considered the meaning of regulation 13 of the Agency Workers Regulations 2010, the right to be notified of vacant posts and decided a narrow construction was appropriate giving the temporary agency worker a right to be notified of vacant posts with the hirer but not the extended right to apply for and/or to be considered for the vacancy.
Please note however this still means that any organisation hiring temps is under a regulatory duty to notify them of vacancies within the organisation, which does not always happen.
To avoid litigation set up a system to let temps know about vacancies.
If you or your company would like to discuss any issues discussed in this article, or feel your business may be impacted by this, reach out to the Employment and HR specialists at Julian Taylor HR – click here to get in touch with a member of the team.
