A group of 50 agency workers filed a claim in the Leeds Employment Tribunal against Angard Staffing Solutions Ltd and Royal Mail over unequal treatment.

UK law firm Irwin Mitchell is pursuing the group action campaign on behalf of the agency workers. Irwin Mitchell is also calling on other individuals who have similar complaints about unequal treatment to come forward and join the claim.

The Royal Mail first established Angard Staffing in 2011 to fill temporary jobs. Unions criticised the set-up of Royal Mail’s recruitment partner and called it a "devious ploy" to save money and get around agency workers’ rights.

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).

Agency workers also 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 will cover issues such as bonuses, annual leave, rest breaks, night work, paid time off from ante-natal appointments. In addition, 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.

Employment Partner Shazia Khan of Irwin Mitchell, commented, “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.”

When contacted by Staffing Industry Analysts, a Royal Mail spokesperson provided the statement, “This case is currently subject to live litigation; as such it would be inappropriate for us to comment at this time.”