Coles v Ministry of Defence Posted In: Case Law
Case ReferenceUKEAT 0403_14_3107
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionA-Typical Working
The claimant was a technical liaison officer in the MoD, supplied by an agency business. The MoD was making redundancies and reorganising. The claimant's 'position' was advertised internally but redundant employees were given priority.
He argued that the Respondent was in breach of its obligations under Regulation 13 of the Agency Workers Regulations 2010 and Articles 5 and 6 of the Temporary Agency Worker Directive (2008/14/EC) by denying him the opportunity to apply for the position he had temporarily been occupying, as an agency worker. He argued he had first preference. Not so, according to the EAT - "There is no general right for a temporary agency worker to be treated no less
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