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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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