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- Date:
- 30 March 2010
- Type:
- Employment law cases
In Muschett v HM Prison Service [2010] EWCA Civ 25 CA, the Court of Appeal held that an agency worker had neither a contract of employment nor a contract with the end user personally to carry out work. Accordingly, he could not bring complaints of unfair or wrongful dismissal, or of unlawful discrimination, against the end user.
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- Date:
- 10 February 2010
- Type:
- Employment law cases
In Autoclenz Ltd v Belcher and others [2010] IRLR 70 CA, the Court of Appeal held that a group of car valeters were employees, despite the fact that their written contracts with the valeting company stated that they were independent contractors, and contained clauses allowing "substitution of labour" and the "right to refuse work".
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- Date:
- 19 May 2009
- Type:
- Employment law cases
In Protectacoat Firthglow Ltd v Szilagyi [2009] IRLR 365 CA, the Court of Appeal held that a purported contract for services - entered into by the worker as a prerequisite for being given work - was a sham, because it did not represent the parties' true intentions and expectations. The individual was an employee, not an independent contractor.
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- Date:
- 8 April 2009
- Type:
- Employment law cases
The Court of Appeal had held that there is no reason in principle why a director and controlling shareholder cannot also be an employee.
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- Date:
- 27 June 2008
- Type:
- Employment law cases
In Consistent Group Ltd v Kalwak and others [2008] EWCA Civ 430, the Court of Appeal remitted to a fresh tribunal the issue of whether or not Polish nationals engaged by an agency to work as meat packers for a third party were employees of the agency.
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- Date:
- 21 March 2008
- Type:
- Employment law cases
In James v London Borough of Greenwich [2008] EWCA Civ 35, the Court of Appeal held that, in the absence of an express contract between an agency worker and the end user, a contract will be implied only where it is necessary to do so to give business reality to the situation.
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- Type:
- Employment law cases
This week's case of the week, provided by Addleshaw Goddard, covers the employment status of directors and shareholders.
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- Type:
- Contract clauses
Use this short-form contract when you are engaging the services of a contractor.
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- Date:
- 22 August 2007
- Type:
- Employment law cases
In Consistent Group Ltd v Kalwak and others [2007] IRLR 560 EAT the Employment Appeal Tribunal held that polish workers recruited in Poland by the agency in question and provided with both accommodation in the UK and transport to and from work were employees of the agency. Notwithstanding express written terms to the contrary, the reality of their relationship was one of employer and employees.
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- Date:
- 1 May 2007
- Type:
- Employment law cases
In James v London Borough of Greenwich [2007] IRLR 168 EAT the Employment Appeal Tribunal held that an employment tribunal properly decided that there was no implied contract of employment between an agency worker and the end user for whom she had worked for three years.