In Coles v Ministry of Defence  IRLR 872 EAT, the EAT held that agency workers are entitled to receive information about vacancies in the end user's undertaking, but this does not extend to a right to be considered for appointment to the post.
The Employment Appeal Tribunal has held that there is nothing in agency workers laws to prevent employers from choosing permanent members of staff over agency workers for job vacancies.
An employment tribunal has found that, while the Agency Workers Regulations 2010 (SI 2010/93) require employers to provide agency workers with information about relevant vacancies, they do not require equality of opportunity during the selection process with internal applicants who are permanent members of staff.
The employment tribunal held in this case that the hirer, and not the temporary worker agency, was liable to pay compensation to the agency worker for failure to pay her at the rate she would have been paid had she been directly recruited by the hirer as an employee.
In Moran and others v Ideal Cleaning Services Ltd and another  IRLR 172 EAT, the EAT held that a group of workers employed by an agency had not been placed with the end user on a "temporary" basis within the meaning of the Agency Workers Regulations 2010, such that they did not qualify for protection under reg.5.
The Employment Appeal Tribunal has stressed that workers are afforded protection under the Agency Workers Regulations 2010 (SI 2010/93) only if they are supplied by a temporary work agency to work "temporarily" for the end user.
Additional information on the law on agency workers for local authority employers, including agency supply teachers. To be read in conjunction with the general information on the law on agency workers.
HR and legal information and guidance relating to agency workers.