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Agency Workers Regulations

Coles v Ministry of Defence

This case involved a Claimant, an agency worker for the Ministry of Defence (“MoD”), who was left without work after the MoD began redeploying redundant permanent employees and filled the Claimant’s role. The Claimant argued that, whilst he had been informed of the vacancy, he should have been offered the interview for ‘his’ job before an alternative candidate was selected. The Claimant maintained that the failure to allow him to apply for the position and failure to give him preference ahead of the permanent employees was a breach of his right to ‘equal treatment’ in basic working and employment conditions under the Temporary Agency Workers Directive (“the Directive”).

The Employment Appeal Tribunal (“EAT”) held that the principle of equal treatment for agency workers is only confined to working time and pay, which is very different to the general right to no less favourable treatment compared to permanent employees. Therefore to refuse agency workers interviews would not breach any duty under the Directive.

In Practice

Employment Associate Paul Burton says, "It appears that the question of whether the Directive requires employers to provide opportunities for agency workers to find alternative employment beyond giving them information on vacancies remains unanswered. It will be interesting to see whether this is addressed by the European Court of Justice if a similar case arises."

Our Employment team based in Christchurch also cover Bournemouth, Poole and the New Forest. For a free initial chat, please call 01202 499255 and Paul or a member of the team will be happy to discuss any questions that you may have.

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

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