The Claimant is employed by the Respondent as a forklift truck driver. His basic pay is €13.50 per hour. He works as an agency worker at a plant operated by Diageo Guinness Ireland Limited at St James Gate Dublin. The work in which he is engaged was historically undertaken by workers directly employed by that company. As a result of restructuring by Diageo Guinness Ireland Limited this work was contracted out to third party undertakings during the 1990s.

The Claimant was employed by the Respondent in or about March 2007. He has been continuously employed at the plant at which he now works since that time. He was originally assigned to an entity that preceded the hirer as contractor