Thread by @JasonBraier

1/ Kocur v Angard Staffing Solutions: CA holds reg 13 of the Agency Worker Regs gives agency workers a right to be informed of vacancies in the same terms as permanent workers but not a right to apply.
bailii.org/ew/cases/EWCA/…
#ukemplaw

2/ The case concerned an employment agency providing agency worker staff exclusively to the Royal Mail. When vacancies arose in the Leeds sorting office, they were put on the internal noticeboard for all to see, but permanent employees had the 1st chance to apply.

3/ K sought to argue that this was in breach of the right under reg 13(1) of the AWR, which provides:

4/ The CA disagreed, upholding the EAT decision in doing so. The CA was satisfied that there was inherent value to a right to be informed without a right to apply, most particularly ensuring agency workers weren't unaware of potential opportunities.

5/ The CA was satisfied that its construction accorded with a literal interpretation of the Directive, its 'flexicurity' & other purposes within the recitals & with all possible interpretative techniques.

6/ Moreover, the CA's construction recognised that the Directive was 1 of minimum harmonisation & it was for the states to decide how much further to go. Gaps need not be plugged.
Finally, had a right to apply been intended, 1 would have expected careful drafting of the right.