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17 April 2008
Issue: 7317 / Categories: Case law , Law digest
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Employment Law

James v London Borough of Greenwich [2008] EWCA Civ 35, [2008] All ER (D) 54 (Feb)

The question of whether or not an “agency worker” is an employee of an end user must be decided in accordance with common law principles of
implied contract and, in some very extreme cases, by exposing sham arrangements.

It is wrong to regard all “agency workers” as self-employed temporary workers outside the protection of the Employment Rights Act 1996 (ERA 1996); however, recent case law does not entitle all “agency workers” to argue successfully that they should all be treated as employees in disguise.

There is a wide spectrum of factual situations. Labels are not a substitute for legal analysis of the evidence. In many cases agency workers will fall outside the scope of the protection of ERA 1996 because neither the workers nor the end users were in any kind of express contractual relationship with each other and it is not necessary to imply one to explain the work undertaken by the worker for the end user.

Issue: 7317 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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