Agency workers do not have automatic employees rights, even after years

Wednesday, 06 February 2008

Agency workers do not have the same rights as employees, the Court of Appeal has ruled, handing businesses a victory in ongoing struggles about employees' rights.

A number of employment tribunal cases have been put on hold awaiting the judgment of an issue that has often been contentious.

Louise Donaldson, an employment law specialist at Pinsent Masons, the law firm behind OUT-LAW.COM, said that the ruling will be welcomed by businesses. "This is a good ruling for employers, it means that they can carry on using agency workers to fill gaps in their staff and not be at risk of being found to be an employer and liable for unfair dismissal claims when they don't need them any more," she said.

Despite there being a number of apparently conflicting judgments for lawyers and tribunals to rely on, the Court of Appeal has said that the law is clear and that it is up to employment tribunals to decide whether or not somebody has become an employee.

Full story at Out-Law

 
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