Agency Workers

Agency Workers

  • Employee, worker or self-employed?
  • Of Employment Business or end-user?
  • Rarely the EB because of a lack of control or mutuality of obligation
  • Brook Street v Dacas 2004 ­ CA: raised the prospect of the end-user being the employer
  • Cable & Wireless Plc v Muscat 2006 ­ CA: approved Dacas
  • James v LBG 2008 ­ CA: will only imply such a contract if it is necessary on the facts
  • Personal service companies and Umbrella companies
  • Discrimination laws still apply