Good news on employment status

Less than 4 weeks after the Court of Appeal’s decision on Cable & Wireless v Muscat, that a contract of employment can be implied between an agency worker and an end user, the Government announce that there is no need for further legislation on employment rights for agency workers. The timing of the announcement could […]

Landmark Court of Appeal Status Ruling

Those hirers using agency workers / contractors / interims will know that 2 years ago the Court of Appeal (in Dacas -v- Brook Street Bureau) stated that an agency worker could be the employee of the end user to which he/she is supplied. This despite the worker being signed on a contract for services and […]

Employment status – where are we now?

The issue of the employment status of an agency worker has been one on which there has been a flurry of judicial activity over the past two years. The recent trend in court decisions has been to find that there has been an implied contract of employment between the agency worker and the end user […]

When is an agency worker an employee?

The issue of employment status is rapidly becoming a minefield for recruitment agencies and their clients.  Failure to keep up to speed with the constantly changing legal position can prove very costly. In Cable & Wireless v Muscat, for example, the Employment Appeal Tribunal held that an agency worker was an employee of the end user, […]

Cable & Wireless v Muscat – Agency Clients Respond

Following the case of Dacas -v- Brook Street Bureau last year the Employment Appeal Tribunal (EAT) has upheld a decision of an Employment Tribunal that an agency worker, operating through a personal services company, is the employee of the end user. In Dacas there was relief in the recruitment community that the agency Brook Street […]

End User held to be the employer of agency worker

Following the case of Dacas –v- Brook Street Bureau last year the Employment Appeal Tribunal (EAT) has upheld a decision of an Employment Tribunal that an agency worker, operating through a personal services company, is the employee of the end user company. Although subject to a right to appeal, in the case of Cable and […]

Brook Street case opens the door for tribunal claims

Following the result in the Brook Street v Dacas case earlier this year in the Court of Appeal we are starting to see evidence of temps ‘chancing their arm’ in tribunal claims against end user clients.  Two claims have been notified to us in the last three weeks indicating that the Brook Street judgment may […]

New EAT case poses danger

A recent decision by the Employment Appeal Tribunal (EAT) could have significant implications for all agencies placing PAYE temporary workers with clients. The EAT held that a Temp who had worked as a cleaner for a hostel through the agency Brook Street was an employee of Brook Street and was therefore entitled to pursue a […]

DTI’s employment status review

The Employment Status Review (ESR) was first announced by the government on 11th July last year in document called ‘discussion document on employment status in relation to statutory employment rights.’ The consultation period to reply to this paper has now passed. However, the ESR does offer an interesting insight into the government’s thoughts on the […]

EU agency workers directive

Whilst many of you have no doubt heard of the proposed Agency Workers Directive (AWD), do you really understand the possible effect this proposal could have on your business and the recruitment sector? The general aim of the AWD is to help the EU “become the competitive and most dynamic knowledge-based economy in the world, […]

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