Can you clarify if, in a redundancy situation (or vacancy control), agency workers should still be given the option to compete for a post as part of the pool of applicants?

Posted in : First Tuesday Q&A ROI on 6 November 2012 Issues covered:

Section 11 of the Protection of Employees (Temporary Agency Work) Act 2012 (the Act) provides that "a hirer shall, when informing his or her employees of any vacant position of employment with the hirer, also inform any agency worker for the time being assigned to work for the hirer of that vacant position for the purpose of enabling the agency worker to apply for that position."

The Act does not define a "vacant position of employment" and the guidance published by the Department of Jobs, Enterprise and Innovation does not address this point. The DJEI's Guidance confirms that the obligation in section 11 does not constrain hirers’ freedom regarding any qualification or experience

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Back to Q&A's This article is correct at 02/09/2015

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.