Agency Workers Bring Group Action Against Royal Mail For Equal Terms

Post by **TrueBlueTerrier** » 18 Apr 2019, 11:58

https://www.irwinmitchell.com/newsandme ... qual-terms" onclick="window.open(this.href);return false;

Irwin Mitchell Issues Legal Proceedings On Behalf Of 50 Claimants Over Unequal Treatment Of Agency Workers

David Shirt, Press Officer | 0161 838 3094

National law firm Irwin Mitchell is pursuing a group action campaign on behalf of 50 agency workers in their employment tribunal claims against Angard Staffing Solutions Ltd and Royal Mail Group Ltd.

The basis of the claim is to challenge the unequal treatment of agency workers and the law firm is urging other individuals who have faced the same prejudicial 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 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, including gym facilities, access to staff canteen or similar facilities, transport services and childcare facilities such as access to a crèche.

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

The Group are represented by Employment Partner Shazia Khan of Irwin Mitchell and Barrister Adam Ohringer of Cloisters Chambers.

Expert Opinion
“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.

“At Irwin Mitchell we have a strong history of taking group actions and we have put this into practice today. We have now issued the claims in the Leeds Employment Tribunal on behalf of 50 Claimants and served the legal proceedings on both Angard Staffing Solutions Ltd and Royal Mail Group. 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.”
Shazia Khan,
Partner

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.”

Individuals who have faced the same prejudicial treatment working for Angard Staffing Solutions can join the claim. For further information, please call 0808 231 6900 or enquiries@irwinmitchell.com to send an email.

nothingatthemoment · Post by **nothingatthemoment** » 18 Apr 2019, 19:02

About time lets see how Angard likes this one.
Kudos to those who have brought this against Angard.
RM/Angard could be fined up to £20,000 per claimant if successful .
Well done

dancingqueen · Post by **dancingqueen** » 18 Apr 2019, 19:11

Great news.

NW11851 · Post by **NW11851** » 18 Apr 2019, 22:18

BUT will anyone on here actually join in the claim?

I will be contacting Irwin Mitchell over the weekend as I already have two pairs of claims against RM/Angard.

Post by **rogersh** » 19 Apr 2019, 07:21

NW11851 wrote:BUT will anyone on here actually join in the claim?

I will be contacting Irwin Mitchell over the weekend as I already have two pairs of claims against RM/Angard.

You are right to be sceptical that anyone will join the claim, recent posts on this subject indicate individuals have a reluctance to progress their issues further despite certainty they are not being treated equally as per Agency Worker Regulations. I completely understand the dilemma of feeling they are in a vulnerable position as they do not want to "put their head above the parapet" & suffer the perceived consequences. However you only have to see what was achieved by one person/angardee Mr D. Kocur & the recent EAT decision.
Rm employees are being requested by the cwu to put in a grievance against the employer in the first instance with a possibility of escalating the issue re holiday pay through ACAS. This is a similar situation whereby some will, some won't want to, or think it will all sort itself out regardless & some who are oblivious to the matter.

dancingqueen · Post by **dancingqueen** » 19 Apr 2019, 11:37

This claim by the Leeds guys must also to apply to other mail centres

I am more than happy to contact the solicitors.

Surely this claim applies to all Angard workers ?

Post by **Xeonus** » 19 Apr 2019, 17:57

rogersh wrote:
NW11851 wrote:BUT will anyone on here actually join in the claim?

I will be contacting Irwin Mitchell over the weekend as I already have two pairs of claims against RM/Angard.
You are right to be sceptical that anyone will join the claim, recent posts on this subject indicate individuals have a reluctance to progress their issues further despite certainty they are not being treated equally as per Agency Worker Regulations. I completely understand the dilemma of feeling they are in a vulnerable position as they do not want to "put their head above the parapet" & suffer the perceived consequences. However you only have to see what was achieved by one person/angardee Mr D. Kocur & the recent EAT decision.
Rm employees are being requested by the cwu to put in a grievance against the employer in the first instance with a possibility of escalating the issue re holiday pay through ACAS. This is a similar situation whereby some will, some won't want to, or think it will all sort itself out regardless & some who are oblivious to the matter.

I am definitely one of those who is worried about putting my head out into the open like that. I have been working with the CWU for months now to get my own unique issues resolved and I have been referencing the Mr D Kocur case for 2 of my concerns and using other sources of reference for my other concerns. I am not the type to lead the way but I am happy to continue to push to be treated equally to others in my position who have gained benefits which I do not receive. I started at local level with my reps but its currently being worked on by the CWU HQ at this moment in time. I send weekly emails asking about progress and this lets all parties know that I am awaiting either a direct "no, that is not possible" in which case it is directly putting me at a disadvantage publicy and I have a case of unfair treatment. Or this is resolved with a "yes, we can do this for you just like the people you have referenced".

However, as I said, I've been chasing my issues for multiple months now... it seems like its going to be a stalemate with multiple different distractions and people taking leave which keeps me waiting for a definitive no or yes

Good luck to all who are joining this claim or bringing up other employment tribunal claims!

26l34 · Post by **26l34** » 19 Apr 2019, 21:07

Still not at 12 weeks but the lads that are at my mail centre don't seem to enjoy any perks, other than the pay rate. None of them seem bothered by that though - their only complaints seem to be not getting enough work and realising no matter how long they hang around (some have done 2, 3 years) they're probably not going to get offered roles with Royal Mail directly. Like, what use is a key card so you don't have to hang round waiting to be let in the building by RM staff, if you're stuck on zero hours forever?

nothingatthemoment · Post by **nothingatthemoment** » 24 Apr 2019, 09:44

26l34 wrote:Still not at 12 weeks but the lads that are at my mail centre don't seem to enjoy any perks, other than the pay rate. None of them seem bothered by that though - their only complaints seem to be not getting enough work and realising no matter how long they hang around (some have done 2, 3 years) they're probably not going to get offered roles with Royal Mail directly. Like, what use is a key card so you don't have to hang round waiting to be let in the building by RM staff, if you're stuck on zero hours forever?

That is the problem if no-one complains RM managers will continue to take the Pi@s.
The fact is they are entitled to be treated the same as RM staff .

NW11851 · Post by **NW11851** » 06 May 2019, 09:43

Submitted my second pair of Claims (1 for Angard, the other for RM).

That’s two pairs I now have in the system.

I did speak to Irwin Mitchell but decided against joining in the group action. They operate on a ‘No win, no fee’ basis and if they win, their charges could be quite high.

It might suit some.

My logic is that the Companies have already lost the arguments in previous cases, so it’s virtually a matter of quoting the previous cases and hope the Tribunal sees it that way

NW11851 · Post by **NW11851** » 16 May 2019, 15:28

Just received Respondents’ Agenda from Weightmans, solicitors for both RM and Angard.

Preliminary Hearing is due on 20 May but no-one has yet advised me where!

Post by **Xeonus** » 16 May 2019, 19:22

NW11851 wrote:Just received Respondents’ Agenda from Weightmans, solicitors for both RM and Angard.

Preliminary Hearing is due on 20 May but no-one has yet advised me where!

Preliminary hearing so soon? Exciting. Hope the process goes smoothly for you and stress-free. No idea how court things work in real life and I doubt it's as "fun" as shown on most tv shows and movies. Obviously details are not allowed to be given during it but looking forward to hearing the resolution

NW11851 · Post by **NW11851** » 17 May 2019, 07:45

I represented a family friend at one a few years ago.

That went quite smoothly.

I’m not terribly worried about the proceeding.

Some of this has been the subject of cases in 2017/8 in Leeds by Messrs Kocur and Roberts.

We shall see.........

tabact · Post by **tabact** » 17 May 2019, 10:47

Some of this has been the subject of cases in 2017/8 in Leeds by Messrs Kocur and Roberts.

Roberts is female if you raise their past judgements.

NW11851 · Post by **NW11851** » 17 May 2019, 11:02

I know. She’s also the partner of Mr Kocur.