The Employment Appeal Tribunal has held that foster carers are not workers within the meaning of the Employment Rights Act 1996 and Employment Relations Act 1999 and do not have the right to be accompanied at disciplinary hearings.
The Court of Appeal has held that an unpaid voluntary worker was not protected by the Disability Discrimination Act 1995 and the Equal Treatment Framework Directive does not extend to volunteers.
This week's case of the week, provided by Thomas Eggar, covers agency workers.
The Court of Appeal has confirmed that the significant integration of an agency worker into the hiring organisation will not necessarily preclude the existence of an agency relationship in which there is no contract between the agency worker and the end-user.
Comprehensive employment contracts are essential, but they can change over time, as this case demonstrates.
In Muschett v HM Prison Service  EWCA Civ 25 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.
This week's case of the week, provided by DLA Piper, covers agency workers.
The Court of Appeal has upheld an employment tribunal decision that an agency worker was not an employee of the end user. Nor was he in its employment under the wider meaning in anti-discrimination legislation. Therefore, he was unable to bring claims against it for unfair dismissal, wrongful dismissal and discrimination.
In Autoclenz Ltd v Belcher and others  IRLR 70 CA, the Court of Appeal held that a group of car valeters were employees, despite the fact that their written contracts with the valeting company stated that they were independent contractors, and contained clauses allowing "substitution of labour" and the "right to refuse work".
The Employment Appeal Tribunal has upheld an employment tribunal decision that an individual was an employee of a union, even though he was also employed by another employer. Employees can be employed by two employers at the same time, provided that the jobs are compatible with each other.
HR and legal information and guidance relating to employment status.