In Coles –v- Ministry of Defence the EAT had to decide whether an agency worker in a temporary job should be given the right to apply for that job or alternatively to get preference ahead of permanent employees within the same organisation. The Claimant found himself out of “his” job after a redundancy exercise by the Ministry of Defence. The Ministry of Defence filled the Claimant’s role without offering him an interview. He had been informed of the vacancy as per the Agency Workers Regulations 2010. However he argued that by not allowing him to apply for that post, and giving him preference to take that post ahead of permanent employees, breached his right to “equal treatment”. It was held by the EAT that agency workers were entitled to equal treatment which is limited only to working time and pay.
The EAT held that the failure to offer interviews to agency workers did not breach any duty under the Directive.