EAT Agency Workers – The Claimant argued that the Respondent was in breach of its obligations under Regulation 13 of the Agency Workers Regulations 2010 (‘the Regulations’), and Articles 5 and 6 of the Temporary Agency Worker Directive (2008/14/EC) (‘the Directive’) by denying him the opportunity to apply for the position he had temporarily been occupying, as an agency worker, when he was told of the post but that existing permanent employees of the Ministry whose continued employment was at risk following restructuring, and who had for that reason been placed in a redeployment pool, would have preference. He claimed that important points of interpretation of the Regulations and Directive arose. It was held that they provide a right to be informed of vacant posts in the permanent workforce of an end-user undertaking, but not any further right to have preference over existing direct employees of the end-user, nor to have a guaranteed interview, and that to give preference to those in a redeployment pool which did not include the Claimant in these circumstances could not be said to be in breach of the Claimant’s rights. The EAT declined to make a reference.
Llangstaff J
[2015] UKEAT 0403 – 14 – 3107
Bailii
Agency Workers Regulations 2010 13
England and Wales
Employment
Updated: 03 January 2022; Ref: scu.551015