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Employment law case update - Holiday entitlement for agency workers

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As well as our monthly Bulletins, we thought a short summary of a recent case regarding holiday entitlement for agency workers could help keep you informed of employment law developments.

Holiday Entitlement For Agency Workers

The recent case of Kocur v Angard Staffing Solutions Ltd & Royal Mail Group Limited illustrates that particular attention must be paid to the holiday entitlement for agency workers and must comply with obligations under Regulation 5 of the Agency Workers Regulations 2010.

Kocur v Angard Staffing Solutions Ltd & Royal Mail Group Limited UKEAT/0181/17/BA

The claimant worked for an employment agency supplying temporary workers to Royal Mail. He alleged that the respondent had failed to comply with their obligations under Regulation 5 of the Agency Workers Regulations 2010. Mr Kocur was only entitled to 28 days of annual leave and a 30 minute paid rest break daily, whereas direct recruits of Royal Mail were entitled to 30.5 days of annual leave and a 1 hour paid rest break daily. The Employment Appeal Tribunal upheld Kocur’s appeal against the tribunal’s finding that that the differences in leave and rest breaks were compensated for by his higher rate of hourly pay. They were not.

If you have any questions in relation to this article, please do not hesitate to contact the Employment team or contact Hannah Newbery on 0113 336 3311 or  at hannah.newbery@clarionsolicitors.com. You can follow the twitter account for regular case, legislation and guidance updates.

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