The Employment Appeal Tribunal has held that the employment tribunal was wrong to decide that employers have a positive duty to correct employees or ex-employees in relation to misapprehensions that they have about time limits for bringing claims.
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.
Practical guidance on employing agency temps as permanent members of staff, including the Conduct of Employment Agencies and Employment Businesses Regulations 2003; transfer fees; and extended hire periods.