Latest in Employment Law>Case Law>Coles v Ministry of Defence
Coles v Ministry of Defence
Published on: 16/12/2015
Issues Covered: Flexible Working
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Background

This case also has relevance in Ireland, concerning as it does EU-derived rights. In this GB Employment Appeal Tribunal case the claimant was a technical liaison officer in the Ministry of Defence (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 favourably than a direct employee: instead, the principle of equal treatment is confined to working time and pay."

The UKEAT went on to conclude:

"Once it is appreciated that the Directive seeks to provide equal treatment only insofar as basic working conditions are concerned, and that this definition could not and does not extend beyond working time and pay, there is no principled basis for supposing that the European Parliament and Council intended any more than that which Article 6 provides on a straightforward reading of its terms – namely a right to information as such, and not further rights in respect of recruitment pools or selection for post, or an unspecific right to make an application for a vacancy in preference to some other workers in the permanent employment of the undertaking."
http://www.bailii.org/uk/cases/UKEAT/2015/0403_14_3107.html 

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 16/12/2015