The Court of Appeal has ruled that agency workers cannot assume a contract of employment between themselves and the end-user organisations for which they work.
The ruling came in the case of an agency worker who had been working for London Borough of Greenwich for three years.
The worker, Merana James, claimed unfair dismissal after she was replaced in her post as a housing support officer, the result of a long period of sickness absence.
Ms James argued that she was entitled to the same rights as staff employed directly by the Council.
Having failed to win her case at an employment tribunal, she went to the Court of Appeal.
However, the Court of Appeal this week found that Ms James could not assume a contract of employment between herself and London Borough of Greenwich, irrespective of the length of time of her service.
The ruling said that it was not the role of employment tribunals and courts but of Parliament to extend the rights of agency workers.
Belinda Brooke, head of legal services at the Recruitment and Employment Confederation (REC), said of the ruling: “The decision of the Court of Appeal is a triumph for common sense. It has been made clear that unless there is a change in the law an employment contract between an agency worker and an end user can only be implied if it is necessary to make sense of the arrangements between the two parties.”
Ms Brooke added: “The Government has made its policy on the matter of employment status clear and the courts should not be used as a device to bring about policy change.”
Date:6 February 2008
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