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Employment status/continuity of employment: Ex-agency worker was employee from start of temporary contract

This report relates to 1 case(s)

Key points

In Bushaway v RNLI 22.4.05 UKEAT/0719/04/DM , the EAT holds:

  • An agency worker who worked under a temporary contract before her post was made permanent was an employee, for the purposes of qualifying to bring an unfair dismissal claim, from the beginning of her temporary contract.
  • The employment tribunal had correctly followed the authorities in holding that a court could, in some cases, look at the intentions of the parties and how the contract was performed, in addition to looking at the contractual documentation.
  • In this case, the employment tribunal was correct to consider all the relevant factors, including inconsistencies between the available documents and the actions of the employer and agency, even though one of the documents contained an "entire agreement" clause.