Employment status – where are we now?
The issue of the employment status of an agency worker has been one on which there has been a flurry of judicial activity over the past two years. The recent trend in court decisions has been to find that there has been an implied contract of employment between the agency worker and the end user client. Whilst this may at first, appear to be more of a concern for the end users than recruiters, the knock on effect on the recruitment industry may not be insignificant as end user’s turn to their supplying agencies to cover the costs involved. Dacas v Brook Street Bureau Court of Appeal 2004 After 4 years of working as a cleaner through Brook Street for Wandsworth Borough Council Mrs Dacas’ assignment was abruptly ended due to a dispute between her and the council. Even though her written contract was with Brook Street, the Court reached…