Tribunal watch: Long-serving agency worker replaced by potentially redundant employee

Agency workers have the right to be informed of relevant vacancies in the organisation to which they are assigned. But do agency worker laws prevent a long-serving agency worker’s assignment from being ended to make way for a permanent employee who is potentially redundant? Stephen Simpson rounds up the tribunal decisions that made the headlines last week.

Ministry of Defence entitled to redeploy permanent employee in agency worker’s role In Coles v Ministry of Defence, an employment tribunal found that, while the Agency Workers Regulations 2010 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.

Other tribunal decisions in the headlines

Redundant staff win payout battle A group of former workers at a flooring retailer have been awarded payouts totalling almost £160,000 following a lengthy battle over unpaid redundancy cash, reports the Scottish Herald.

Binman loses claim for unfair dismissal A binman lost his claim for unfair dismissal from the job he carried out for 38 years, reports the Argus.

Council boss loses fight on sacking A council boss who was sacked for selling sportswear on the side while he was at work has lost his case for unfair dismissal, reports the Scottish Herald.

Council clerk was accused of favouritism as he dished out tomato plants A council clerk, accused of favouritism over the way he handed out tomato plants to colleagues, won his legal battle for unfair dismissal, according to the Birmingham Mail.

Binman who is unable to read safety warnings wins payout A refuse collector who was discriminated against because he cannot read has been awarded almost £17,000 by an employment tribunal, reports the Scottish Herald.

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Former charity worker to leave Hartlepool after “losing fight” for unpaid wages A woman who was awarded thousands of pounds in compensation following a legal battle with town charity “gave up” up ever getting her cash and is set to leave the town, says the Hartlepool Mail.

Gas firm sacked father for refusing to work at Christmas A man lost his job as a gas fitter after opting to spend Christmas Day with his family rather than be on call to deal with reported gas smells in south Dublin, a tribunal decision reported by the Belfast Telegraph has revealed.