header-logo header-logo

Secret agents

22 April 2010 / Charles Pigott
Issue: 7414 / Categories: Features , Employment
printer mail-detail

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

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
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
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
back-to-top-scroll