Good news on employment status
Less than 4 weeks after the Court of Appeal’s decision on Cable & Wireless v Muscat, that a contract of employment can be implied between an agency worker and an end user, the Government announce that there is no need for further legislation on employment rights for agency workers.
The timing of the announcement could be viewed as an acceptance by the Government of the decision in Cable & Wireless, since the consultation on this issue took place almost 4 years ago.
Some commentators are wrong by suggesting that recruiters and end users need not worry about the decision in Cable & Wireless because the facts are very specific. Don’t forget this decision upheld the views in the case of Dacas which involved a PAYE temp cleaner, who had not previously been an employee.
Although the Government’s decision is good news, since they are not giving employment rights to every agency worker, the courts will still look to imply a contract of employment in the event of a claim from an agency worker.
At Lawspeed we have solutions, which you can take to your clients to show them why they should continue to use agency workers and in particular your firm.
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