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Permanent employees can be redeployed to replace agency staff

07 August 2015 #Employment

The EAT has upheld a tribunal's decision that the scope of regulation 13, Agency Workers Regulations 2010 is limited to providing agency workers with a right to be informed of vacancies within the end user company. It rejected the claim that agency workers were entitled to be afforded equal status with comparable permanent employees in being considered for a vacancy.

The Claimant was an agency worker for the MoD. After redeploying redundant permanent employees, the MoD filled the Claimant's role, without offering him an interview for the position. The Claimant had been informed of the vacancy, as required by the Agency Workers Regulations 2010. However, he argued that the failure to allow him to apply for the post, and/or to give him preference ahead of permanent employees breached his right to 'equal treatment' in basic working and employment conditions under the Temporary Agency Worker Directive.

In dismissing the appeal, the EAT declined to make a reference to the European Court of Justice regarding the interpretation of the Temporary Workers Directive. (Coles v Ministry of Defence UKEAT/0403/14.)

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