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.
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.
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.
This tribunal decision provides another reminder to employers after Unison v London Borough of Barnet and another ET/3302128/2012 of the information on agency workers that they are required to produce during redundancy consultation.