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+

Employment lawEmployment contractsRecruitment & retentionTemporary employment

Employment rights of long-serving temporary workers

by Personnel Today 17 Mar 2008
by Personnel Today 17 Mar 2008

We have a temporary worker who has been with us for more than two years and has become very much part of the team. Although we have a contract with the supplying agency, their arrangement with our temp is less clear. Are we at risk she may become our employee?






WarningWarning: There is new legislation on the employment rights of agency workers

On 1 October 2011, agency workers will gain the right to the same basic employment conditions as direct recruits after 12 weeks working for the company in the “same role”.

Find out more about the Agency Workers Regulations here, or use the resources below:



  • Agency workers FAQs

  • A guide to the Agency Workers Regulations (XpertHR subscription required)

  • Agency Workers Regulations: five things employers need to know


If your temp comes to regard herself as an employee with statutory employment rights, the main question is whether there is a contract of service and, if so, who that contract is between.

The Court of Appeal recently issued guidance in James v Greenwich Council (2008). Ms James, a temp, claimed unfair dismissal after being prevented from returning following sickness absence, because another temp had filled her role.

The Court of Appeal held that James, who had been temping at the council for three years and was subject to a degree of control consistent with being an employee, was not actually employed by the council. The court said it was not necessary to imply a contract of service, as the arrangements in place were genuine and reflected the workplace reality.

The duration of your temp’s assignment should not be a problem, as the court in James said passage of time alone does not lead to an employment contract being inferred. However, you should find out what contractual arrangements exist between the supplying agency and your worker. If there are none, or these are ambiguous, insist on this being rectified. Even if your temp has a contract with the agency, this does not necessarily prevent an employment relationship with your organisation. To help counter any suggestion about sham arrangements, you should ensure the way things are managed in practice operates within the boundaries of what is written down.

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.

For the future, leave recruitment to the temping business. Not only advertising the job, but also interview and selection. Only contract with the temping business avoid anything that could be construed as a contract with the temp. Holidays, sickness absence, disciplinary action and claims to family-related leave should be managed by the temping business. Finally, when negotiating a contract with an employment business, seek indemnities covering claims based on employee status. This will focus minds at the outset.

Roger Tynan, partner in the employment, pensions and benefits team, Maclay Murray & Spens

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Dame Carol Black calls for urgent reform to workplace health services
next post
Department for Work and Pensions defends pay deal as two-day strike begins

You may also like

Fire and rehire: the relocation question

22 May 2025

How neuroscience can unlock employee recognition

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

Workers ‘wait and see’ as companies struggle to...

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

So what does the election of a new...

9 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Rumours during recruitment: how should HR respond?

9 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+