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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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