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22 April 2010 / Charles Pigott
Issue: 7414 / Categories: Features , Employment
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Secret agents

Charles Pigott predicts more uncertainty for agency workers

In order to be protected by the employment-related discrimination legislation, it is normally necessary to be in a contractual relationship with the proposed respondent. The conventional view has been that the contract worker provisions that are present in all the major anti-discrimination legislation create an exception from this rule for agency workers. Contract work is defined (for example in s 7(1) Race Relations Act 1976 (RRA 1976)) as: “any work for a person (the principal) which is available for doing by individuals (contract workers) who are not employed by the principal himself but by another person, who supplies them under a contract made with the principal.”

Where agency workers are involved, the principal will be the person to whom their labour is supplied and the employment agency will be the “other person” who supplies them. The contract worker provisions then go on to provide for a principal to be liable for acts of discrimination against contract workers, in much the same way as if it had entered into

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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