Agency worker regulations provide that an agency worker has the right to be informed of any relevant vacancies in the hiring company, so as “to give that agency worker the same opportunity … to find permanent employment”. The EAT has confirmed that the right is simply one of information, and does not encompass a right to be considered for vacancies on an equal footing with permanent employees.

Information about vacancies should be given to agency workers in as useful a form, and at as convenient a time, as that provided to the permanent employees. Employers must provide this information even if there is no possibility of agency workers being appointed because posts are ring-fenced for redeployment of redundant permanent employees (contrary to suggestions in BIS guidance). However, having given the information to agency workers, the employer can then exclude them from consideration for the posts in order to give preference to its redundant employees. (Coles v Ministry of Defence)