Employment status

New and updated

  • Foster carers are not workers and do not have right to be accompanied

    Date:
    3 February 2011
    Type:
    Law reports

    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.

  • Volunteer worker not covered by disability discrimination law

    Date:
    2 February 2011
    Type:
    Law reports

    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. 

  • Case of the week: Agency workers

    Date:
    21 December 2010
    Type:
    Law reports

    This week's case of the week, provided by Thomas Eggar, covers agency workers.

  • No automatic contract of employment for integrated agency worker

    Date:
    29 November 2010
    Type:
    Law reports

    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.

  • Claimants' contracts varied so much over time that they were no longer employees

    Date:
    29 April 2010
    Type:
    Law reports

    Comprehensive employment contracts are essential, but they can change over time, as this case demonstrates.

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

    Date:
    30 March 2010
    Type:
    Law reports

    In Muschett v HM Prison Service [2010] 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.

  • Case of the week: Muschett v HM Prison Service

    Date:
    5 March 2010
    Type:
    Law reports

    This week's case of the week, provided by DLA Piper, covers agency workers.

  • Muschett v HM Prison Service

    Date:
    10 February 2010
    Type:
    Law reports

    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.

  • Employment status: Express contractual terms specifying self-employment did not reflect terms agreed

    Date:
    10 February 2010
    Type:
    Law reports

    In Autoclenz Ltd v Belcher and others [2010] 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".

  • Prison Officers Association and others v Gough and another

    Date:
    18 January 2010
    Type:
    Law reports

    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.