In a redundancy situation can we replace agency workers with ‘at risk’ permanent employees?

This was the question that arose in the case of Coles -v- Ministry of Defence.  Over 500 MOD employees were put ‘at risk’ of redundancy and were in a redeployment pool when Mr Coles was told his assignment would come to an end. Although the MOD complied with the obligation under the 2010 Agency Workers Regulations to inform him of any vacancies, he was not encouraged to apply for what was ‘his old role’ and the MOD made it clear that they were only going to look at those candidates who were coming from the redeployment pool. This case went all the way to the Employment Appeal Tribunal and they found that the MOD had not acted in a discriminatory manner in preferring their ‘at risk’ employees when considering who to take forward in a vacancy. The right to equal treatment for agency workers only extends to basic working conditions like hours and pay.