In Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA, the Court of Appeal held that where overtime hours have been worked during the 12-week period immediately preceding the date on which a worker's holiday begins only those hours that the employer is contractually required to provide and the worker contractually required to work count as normal working hours for the purposes of determining the amount of a week's pay.
In Brook Street (UK) Ltd v Dacas, the Court of Appeal holds that where an agency's obligations to a worker (who provides his or her services to an end-user) do not extend to an obligation to continue providing that worker with work, and where that worker is under no obligation to continue working or to accept any placement offered to them by the agency, there can be no mutuality of obligations between those parties.
In Allonby v Accrington & Rossendale College and others, the European Court of Justice (ECJ) rules that a lecturer employed through an agency could not claim equal pay with lecturers employed directly by the college, but she could claim entitlement to join the lecturers' statutory pension scheme even though it was open only to those with a contract of employment.