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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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