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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