In the Brook Street Bureau (UK) Ltd v Dacas case the Court of Appeal gave guidance that when considering the status of an agency worker, tribunals should consider the possibility of an implied contract of employment. More recent EAT decisions have questioned the Court of Appeal's guidance and in James v Greenwich Council the EAT stated that in most circumstances this will not be appropriate and the passage of time will not make implication of an employment contract inevitable.

 

The President of the Employment Tribunals has now issued a practice direction to all employment tribunals to stay all current and future claims regarding the employment status of agency workers. This order will remain in force until the Court of Appeal's judgment in the James v Greenwich Council case.
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