Coles v Ministry of Defence

Posted In: Case Law
  • Case Reference
    [2015] UKEAT 0403_14_3107
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Flexible Working
Issues covered: A-Typical Working; Agency Workers; Right to Apply for Permanent Position; Contract of Indefinite Duration; CID

This case also has relevance in Ireland, concerning as it does EU-derived rights. In this GB Employment Appeal Tribunal case the claimant was a technical liaison officer in the Ministry of Defence (MoD), supplied by an agency business. The MoD was making redundancies and reorganising. The claimant's 'position' was advertised internally but redundant employees were given priority. 

He argued that the Respondent was in breach of its obligations under Regulation 13 of the Agency Workers Regulations 2010 and Articles 5 and 6 of the Temporary Agency Worker Directive (2008/14/EC) by denying him the opportunity to apply for the position he had temporarily been occupying, as an agency worker.

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This article is correct at 16/12/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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