Agency workers

New and updated

• Date:

  30 March 2010

  Type:

  Employment law cases

  Employment status: Agency worker was not protected from discrimination by end user

  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.

• Type:

  How to

  How to employ agency temps as permanent members of staff

  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.

• Date:

  27 June 2008

  Type:

  Employment law cases

  Employment status: Tribunal decision that agency workers were employed by agency insufficiently reasoned

  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.

• Date:

  21 March 2008

  Type:

  Employment law cases

  Employment status: Agency worker was not employed by end user

  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.

• Date:

  22 August 2007

  Type:

  Employment law cases

  Employment status: Agency workers were directly employed by agency

  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.

• Date:

  6 March 2007

  Type:

  Employment law cases

  Craigie v London Borough of Haringey

  In Craigie v London Borough of Haringey EAT/0556/06, the Employment Appeal Tribunal (EAT) has considered when a contract of employment can be implied between an agency worker and an end user.

• Date:

  21 April 2006

  Type:

  Employment law cases

  Employment status/agency workers: Implied employment contract found between worker and end user

  In Cable & Wireless plc v Muscat, the Court of Appeal holds that the guidance in Dacas v Brook Street Bureau (UK) Ltd is correct, and that tribunals should consider the possibility of an implied employment contract between the worker and end user where there is a triangular worker/agency/end-user arrangement.

• Date:

  1 March 2004

  Type:

  Employment law cases

  Agency worker is entitled to membership of pension scheme

  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.