David Reade QC and Grahame Anderson are in action in the Court of Appeal today in Kocur v Royal Mail Group Limited. The appeal concerns a narrow but crucial point as to the correct interpretation of Reg13(1) of the Agency Workers Regulation 2010 (SI 2010/93): the Appellant (who succeeded before the ET but not before the EAT (Cavanagh J)), contends that, read in light of the purpose underpinning the EU Directive it implements, the Regulation provides not only for a right to be informed about permanent vacancies that arise at the end-user hirer’s undertaking, but also a right to apply for and be considered for the role on a non-discriminatory basis. Accordingly, the appeal will mark a crucial moment in the development of agency workers’ rights.
A link to the EAT judgment can be found here.