Employment law cases

All items: Work organisation

  • University researcher on three successive fixed-term contracts declared permanent employee

    19 August 2010

    An employment tribunal has found that an individual employed on three consecutive fixed-term contracts over almost a decade is a permanent employee, in a case that has significance for employers in sectors that regularly employ staff for a fixed term, such as teaching, IT and construction.

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

    30 March 2010

    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.

  • Employment status: Tribunal decision that agency workers were employed by agency insufficiently reasoned

    27 June 2008

    In Consistent Group Ltd v Kalwak and others [2008] EWCA Civ 430, the Court of Appeal remitted to a fresh tribunal the issue of whether or not Polish nationals engaged by an agency to work as meat packers for a third party were employees of the agency.

  • Employment status: Agency worker was not employed by end user

    21 March 2008

    In James v London Borough of Greenwich [2008] EWCA Civ 35, the Court of Appeal held that, in the absence of an express contract between an agency worker and the end user, a contract will be implied only where it is necessary to do so to give business reality to the situation.

  • Employment status: Agency workers were directly employed by agency

    22 August 2007

    In Consistent Group Ltd v Kalwak and others [2007] IRLR 560 EAT the Employment Appeal Tribunal held that polish workers recruited in Poland by the agency in question and provided with both accommodation in the UK and transport to and from work were employees of the agency. Notwithstanding express written terms to the contrary, the reality of their relationship was one of employer and employees.

  • Craigie v London Borough of Haringey

    6 March 2007

    In Craigie v London Borough of Haringey EAT/0556/06, the Employment Appeal Tribunal (EAT) has considered when a contract of employment can be implied between an agency worker and an end user.

  • Fixed-term contracts: Reinstatement after appeal does not extend fixed-term contract beyond original expiry date

    26 February 2007

    In Prakash v Wolverhampton City Council EAT/0140/06, the Employment Appeal Tribunal holds that where a fixed-term contractor's dismissal for misconduct was overturned by an appeal decided after the expiry date of the contract, the effect of the successful appeal was to reinstate the terms of the original contract. It could not extend the life of the contract beyond its expiry date.

  • Fixed-term employees: Successive fixed-term contracts and objective justification

    1 December 2006

    In Adeneler and others v Ellinikos Organismos Galaktos [2006] IRLR 716 the European Court of Justice has held that the objective reasons justifying the use of successive fixed-term contracts must relate to the particular employment in question.

  • Employment status/agency workers: Implied employment contract found between worker and end user

    21 April 2006

    In Cable & Wireless plc v Muscat, the Court of Appeal holds that the guidance in Dacas v Brook Street Bureau (UK) Ltd is correct, and that tribunals should consider the possibility of an implied employment contract between the worker and end user where there is a triangular worker/agency/end-user arrangement.

  • Agency worker is entitled to membership of pension scheme

    1 March 2004

    In Allonby v Accrington & Rossendale College and others, the European Court of Justice (ECJ) rules that a lecturer employed through an agency could not claim equal pay with lecturers employed directly by the college, but she could claim entitlement to join the lecturers' statutory pension scheme even though it was open only to those with a contract of employment.

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Employment law cases: HR and legal information and guidance relating to work organisation.