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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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