Coles v Ministry of Defence [2015]

Posted In: Case Law
  • Case Reference
    UKEAT 0403_14_3107
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Flexible Working
Issues covered: Agency Workers; Right to Apply for Permanent Position

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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This article is correct at 07/08/2015

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