Employer double acts

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