All items: Employment status

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  Consistent Group Ltd v Kalwak and others [2008] IRLR 505 CA (2 reports relating to this case)

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

    Date:

    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.

  • Consistent Group Ltd v Kalwak and others

    Date:

    8 May 2008

    The Court of Appeal has overturned an Employment Appeal Tribunal (EAT) decision approving a tribunal ruling that an employment agency had entered into contracts of employment with workers.

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  Cornwall County Council v Prater [2006] IRLR 362 CA (1 report relating to this case)

  • Employment status: Teacher who worked on succession of short-term assignments was employee

    Date:

    2 June 2006

    In Cornwall County Council v Prater [2006] EWCA Civ 102 CA, the Court of Appeal holds that a lack of mutuality of obligation during "gaps" between successive teaching assignments over a period of 10 years did not, of itself, prevent each separate assignment from constituting an individual contract of employment.

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  Cotswold Developments Construction Ltd v Williams [2006] IRLR 181 EAT (1 report relating to this case)

  • Case round-up: Employment status

    Date:

    7 February 2006

    This week's case round-up from Eversheds, covering employment status.

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  Craigie v London Borough of Haringey EAT/0556/06 (1 report relating to this case)

  • Craigie v London Borough of Haringey

    Date:

    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.

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  Dacas v Brook Street Bureau (UK) Ltd [2004] IRLR 358 CA (6 reports relating to this case)

  • Agency workers may gain pensions

    Date:

    1 June 2004

    Enterprises engaging agency workers through employment bureaux on a long-term basis should be aware that such workers could become their employees.

  • Employment status/agency worker: Worker not employee of agency

    Date:

    7 May 2004

    In Brook Street (UK) Ltd v Dacas, the Court of Appeal holds that where an agency's obligations to a worker (who provides his or her services to an end-user) do not extend to an obligation to continue providing that worker with work, and where that worker is under no obligation to continue working or to accept any placement offered to them by the agency, there can be no mutuality of obligations between those parties.

  • Case round up

    Date:

    1 April 2004

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Court of Appeal changes temp rules

    Date:

    1 April 2004

    Organisations could face unfair dismissal claims from temporary workers after the Court of Appeal ruled that employers could be held liable for agency staff.

  • Temporary solutions could cause long-term problems

    Date:

    23 March 2004

    A Court of Appeal ruling on agency workers has made a clear signal to employers to avoid using temporary staff on anything but the most short-term jobs.

  • Tribunal ruling leaves employers vulnerable

    Date:

    16 March 2004

    Employers have been left open to a range of tribunal claims after a legal ruling found that bosses and not recruitment agencies can be held liable for temporary employees.

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  Dacas v Brook Street Bureau (UK) Ltd and another [2003] IRLR 190 EAT (4 reports relating to this case)

  • Case round-up: employment status and constructive unfair dismissal

    Date:

    27 May 2003

    This week's case round-up from Eversheds, covering: employment status; and constructive unfair dismissal.

  • Employment status: Agency worker was an employee

    Date:

    23 May 2003

    In Dacas v Brook Street Bureau (UK) Ltd and another, the EAT holds that an employment tribunal erred in law when it found an agency worker not to be an employee of the agency during the course of an individual assignment, in circumstances where an application of the test of the two minimum requirements of the degree of control and mutuality of obligations pointed overwhelmingly towards the existence of a contract of employment.

  • Employers' alert after tribunal ruling on temps

    Date:

    8 April 2003

    Employers have been warned to examine their employment relationships with temporary workers and the agencies that supply them following a landmark decision by the Employment Appeal Tribunal (EAT).

  • Case round-up: unfair dismissal compensation; temporary workers and time off for dependants

    Date:

    11 February 2003

    This week's case round-up, covering: unfair dismissal and compensation; temporary workers; and time off for dependants.

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  Demibourne Ltd v Revenue and Customs [2005] UKSPC SPC00486 Special Commissioner (1 report relating to this case)

  • Case round-up: Income tax

    Date:

    5 September 2006

    This week's case round-up from Eversheds, covering income tax.

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  Descombes and another v Firthglow Ltd (t/a Protectacoat) [2004] All ER (D) 415 (Mar) EAT (1 report relating to this case)

  • Case round-up: entitlement to long-term disability insurance; and employment status

    Date:

    6 April 2004

    This week's case round-up from Eversheds, covering: entitlement to long-term disability insurance; and employment status.

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  Devonport Management Ltd v Grant and another EAT/353/92 (1 report relating to this case)

  • Contracts of employment: Apprenticeships ended before dismissal

    Date:

    1 September 1994

    An industrial tribunal was entitled to find that two apprentices had finished their apprenticeships a few days before they were dismissed, holds the EAT in Devonport Management Ltd v Grant and McCombes, so that by the date of dismissal they were employees entitled to the "ordinary incidents of employment laws".

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  Dewhurst v CitySprint UK Ltd ET/2202512/2016 (1 report relating to this case)

  • CitySprint courier is a worker, concludes employment tribunal

    Date:

    10 January 2017

    In a second high-profile decision on employment status in the gig economy, this employment tribunal held that a CitySprint courier is a worker rather than self-employed.