Coles v Ministry of DefencePosted In: Case Law
Case Reference UKEAT 0403_14_3107
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionA-Typical Working
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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