Scope of agency workers regulations

In Coles v Ministry of Defence the EAT has upheld a Tribunal decision that the scope of regulation 13 of the Agency Workers Regulations 2010 is restricted to giving agency workers the right to be informed of vacancies within the company where they are working, but does not extend to offering them equal status to permanent employees in being considered for a vacancy.

Interestingly when the appeal was dismissed the EAT declined to make a reference to the ECJ regarding the interpretation of the EU Temporary Workers Directive as it considered there was no basis for doing so and that the interpretation of the legislation was entirely straightforward and unambiguous.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.