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Case of the week: Muschett v HM Prison Service

This report relates to 1 case(s)

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    Muschett v HM Prison Service [2010] IRLR 451 CA (2 other reports)

    • 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.

    • Muschett v HM Prison Service

      10 February 2010

      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.

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

Muschett v HM Prison Service (HMPS) [2010] EWCA Civ 25 CA


Eric Muschett signed a contract with the Brook Street agency on 15 January 2007.