Do Agency Staff need to be given equal opportunity to apply for permanent positions?
Agency workers must be informed of permanent vacancies and the Temporary Agency Worker Directive provides rights of equal treatment when compared to permanent staff, however: how far does this duty go?
The answer, according to the Employment Appeal Tribunal in the Coles v Ministry of Defence Case, is that for agency workers the principle of equal treatment is confined to working time and pay.
In this case Mr Coles, an agency worker, was displaced when his job was given to a permanent employee who was at risk of redundancy. The EAT decided that there was no requirement for him to be treated equally to permanent employees and given an opportunity to be interviewed.
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