The long awaited decision from the CoA on the above 'agency worker' case was handed down this morning.

For those waiting with bated breath, however, the decision is very disappointing and unhelpful. 

The guidance from the CoA is that tribunals should, as a matter of fact, decide whether a contract of employment should be implied between an agency worker and an end user. In addition, there should be no reason for an appellate court to review the decisions of employment tribunals on the question of whether an implied contractual relationship exists, except on the basis of an error of law, as this is a matter of fact for the tribunal. 

The court stated that there were no conflicting authorities as to when and if agency workers become employees, and so it appears that it is back to the tribunals for them to decide on the facts of the individual cases without any additional guidance from the CoA. 

Click here- to read the full judgment