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Employment status: Agency worker was not protected from discrimination by end user

This report relates to 1 case(s)

In Muschett v HM Prison Service [2010] IRLR 451 CA, the Court of Appeal held that an agency worker had neither a contract of employment nor a contract with the end user personally to carry out work. Accordingly, he could not bring complaints of unfair or wrongful dismissal, or of unlawful discrimination, against the end user.

Key points

  • An agency worker was not an employee of the end user, so he was not entitled to complain of unfair or wrongful dismissal.