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06 March 2009 / Michael Wynn
Issue: 7311 / Categories: Features , Public , Terms&conditions , Employment
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End of the line for temps?

What are the implications of the recent Court of Appeal ruling on the status of agency workers? Michael Wynn investigates

The employment status of temporary agency workers, in a state of turmoil since the decision in Dacas v Brook Street Bureau (UK) Ltd [2004] EWCA Civ 217, [2004] All ER (D) 125 (Mar) has been clarified by the Court of Appeal in James v London Borough of Greenwich [2008] EWCA Civ 35, [2008] All ER (D) 54 (Feb). The court has confirmed that in cases of tripartite relationships involving agency workers, the question of whether a contract of employment is to be implied with the end user is to be decided on ordinary contractual principles and by the application of the necessity test outlined by Lord Justice Bingham in The Aramis [1989] 1 Lloyd’s Rep 213.

In his judgment, Lord Justice Mummery has settled any lingering uncertainties in the previous authorities, including his own observations in Dacas and those of Smith LJ in Cable and Wireless plc v Muscat

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Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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