Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Agency workersEmployment lawLatest NewsHR practice

Court rules that agency workers can be employees of receiving organisation

by dan thomas 10 Mar 2006
by dan thomas 10 Mar 2006

An agency worker can legally be defined as the employee of the organisation to which they have been supplied, according to a landmark legal ruling.

In its judgment, handed down yesterday in the case of Cable and Wireless v Muscat, the Court of Appeal ruled that Muscat was an employee of the communications firm under an implied, unwritten employment contract.

The ruling robustly supported the statements and guidance made in a previous ruling in 2004, in the case of Dacas v Brook Street Bureau.

Adrian Marlowe, managing director of employment law advisory firm Lawspeed, said: “The unambiguous and powerful judgment makes the position very clear and will have considerable ramifications for employers using both direct staff engaged on contracts for services and agency workers.

“Some hirers may now question the entire concept of agency supply, which has historically protected them against employment claims. As things stand unless the government legislates to change the position, every employer must take heed and take suitable steps to protect against claims being made,” he added.

But law firm Halliwells said that whilst this result will strengthen the rights of temporary workers, it will certainly not be applied to all cases.

Guy Guinan, employment partner said: “The Cable & Wireless decision does not mean that every agency worker will now be the employee of the end user. Mr Muscat was found to be an employee of the company because of the facts of the case.

“The challenge to the earlier Dacas case precedent was not accepted. The Court of Appeal confirmed that the guidance given was not binding but was appropriate to consider. A contract of employment could be implied in some cases with an end user taking into account all the circumstances.

“However it considered that in many cases a worker in a triangular relationship will be found not to be an employee of the end user. The particular facts of Muscat are unlikely to be repeated in the average case dealing with genuine agency workers, so employers need not be overly concerned with this result.”


Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

 


 

dan thomas

previous post
National Express chief feels too old for the job
next post
DTI seeks feedback on paternity leave rights

You may also like

UK net migration slashed by half in one...

22 May 2025

The Law Society: Navigating the new world of...

22 May 2025

How neuroscience can unlock employee recognition

22 May 2025

HSBC employees warned of office attendance link to...

22 May 2025

Workplace stress: Why it’s time to rebrand resilience

22 May 2025

Restaurant tips should be included in holiday pay

21 May 2025

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Pay awards in real terms could fall for...

21 May 2025

Ryanair demands flight attendants pay back salary increase

21 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+