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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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