header-logo header-logo

End of the line for temps?

06 March 2009 / Michael Wynn
Issue: 7311 / Categories: Features , Public , Terms&conditions , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll