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Agency Workers Regulations – Agency Workers not Equal in applying for Permanent Positions

08/04/2015 - 16:50

Of interest to recruitment agencies who supply agency workers in the UK is the ruling on 31st July 2015 in the case of Coles v Ministry of Defence (Case Ref UKEAT/0403/14/RN).

The claimant had tried unsuccessfully to argue that the respondent had not met their obligations as governed by the Agency Workers Regulations 2010 (AWR) and the Temporary Agency Worker Directive when they had not been treated equally in their application for a permanent role that become available in the position they had been fulfilling.
 
The ruling in effect means that priority can be given to permanent employees over agency workers.