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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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