header-logo header-logo

16 March 2007 / Daniel Wise
Issue: 7264 / Categories: Features , Terms&conditions , Employment
printer mail-detail

Employer double acts

Who benefits from dual contracts of employment? Daniel Wise reports

The Employment Appeal Tribunal (EAT) decision in Cairns v Visteon Ltd [2007] All ER (D) 39 (Jan) was handed down within a few days of James v Greenwich London Borough Council [2007] All ER (D) 12 (Jan). Both decisions provide a restrictive interpretation of the test set out in the Court of Appeal’s decision in Dacas v Brook Street Borough (UK) Ltd [2004] EWCA Civ 217, [2004] All ER (D) 125 (Mar) on the issue of implying a contract of employment between a worker and end user in a tripartite employment agency arrangement. However, Cairns is of particular interest because it deals with the added issue of whether dual contracts of employment can exist between agency and worker as well as worker and end user in this context.

Ms Cairns worked as a full-time administrative assistant to Visteon Ltd’s manager, Mr Morris from 1998 until 29 May 2005. From at least 2001 the services were provided by an agency MSX Ltd. MSX Ltd employed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll