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HOT NEWS 2 April 2007

AGENCY WORKERS – THE GOOD NEWS
Since the Court of Appeal judgment of Lord Justice Mummery in Dacas, organisations have been concerned that agency temporary workers would be held to be their employees. However the recent trend of the EAT has cast doubt over this judgment and has held that it is entirely possible for agency workers to be employed by no one even after working more than a year with the same end-user.

The two most recent cases of the EAT have ruled:
  • that if Parliament had intended to offer unfair dismissal protection to agency temporary workers it would have expressly done so, and

  • that if the intention of the parties had been to have a triangular relationship – temporary worker, agency and end-user – then it is not necessary for tribunals to infer that there is an implied contract of service (employment).

Click here to read Mr D J Astbury v Gist Ltd.

Click here to read Heatherwood and Wexham Park Hospitals NHS Trust v Mr D Kulubowila and others.




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