Irwin Mitchell is representing a group of 50 agency workers in an employment tribunal claiming unequal treatment of agency workers. 

In a statement released this week, the law firm called on other individuals who feel they have faced the same treatment to come forward and join the claim.

Under the Agency Workers Regulations 2010, agency workers have a right to no less favourable treatment compared to employees who are employed by the end user (in this case, Royal Mail). They have the right to the same treatment as comparable employees with respect to basic employment and working conditions, once they have completed a qualifying period of 12 weeks in a particular job. This covers issues such as bonuses, annual leave, rest breaks, night work, paid time off from ante-natal appointments.

Additionally, agency workers have day one rights to be treated the same as a comparable worker in relation to access to collective facilities and amenities provided by the hirer to direct hires, including gym facilities, access to staff canteen or similar facilities, transport services and childcare facilities such as access to a crèche.

Angard Staffing Solutions employees, who have been engaged as agents for Royal Mail, have today lodged claims in the Leeds Employment Tribunal through Irwin Mitchell, who this week served these claims on both Angard and Royal Mail.

Shazia Khan, the Irwin Mitchell employment partner representing the group, said: “Agency workers should have the same employment rights as the end user’s employees, but it is all too often evident that this has not been the case. It is disappointing that many employers do not fulfil their legal duties towards agency workers. Hopefully this case will put the issue firmly back in the spotlight and enable individuals to enforce their employment rights…

“On behalf of my clients I urge the respondents to pick up the phone and call me to enable a constructive and equitable resolution to be achieved to this longstanding dispute.”

Ashfaq Ahmed, one of the claimants who lives in Bradford, said: “Numerous hard-working agency workers like myself are being denied the basic treatment and benefits that they are rightfully entitled to. We are disappointed that despite being committed hard working staff, the company sees fit to deny us the basic rights and benefits that are enjoyed by Royal Mail employees every day. I would encourage individuals who have faced the same prejudicial treatment as I have to come forward and join our group claim to ensure that their rights are no longer ignored.”

When contacted by Recruiter, a Royal Mail spokesperson said: “This case is currently subject to live litigation; as such it would be inappropriate for us to comment at this time.”

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