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08 February 2007 / Bruce Gardiner
Issue: 7259 / Categories: Features , Employment
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Status unknown

Despite the valiant efforts of judges, doubts persist about the true status of agency workers, says Bruce Gardiner

“There is confusion in the workplace and considerable uncertainty in the law about the status of individuals who obtain work through employment agencies.” So said Lord Justice Mummery at the start of his judgment in Dacas v Brook Street Bureau (UK) Ltd [2004] EWCA Civ 217, [2004] All ER (D) 125 (Mar). It is an important question. Recent Department of Trade and Industry figures suggest there are over 600,000 agency workers. Are such workers employees of the employment agency? Are they employees of the end-user client? Or are they not employees at all, with the result that they lack the legal protection afforded to employees?

Three years and three Court of Appeal cases later (see Dacas, Bunce v Postworth Ltd (t/a Skyblue) [2005] EWCA Civ 490, [2005] IRLR 557, [2005] All ER (D) 38 (May), and Cable & Wireless plc v Muscat [2006] EWCA Civ 220, [2006] All ER (D) 127 (Mar)) many practitioners felt that much of

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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