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Court of Appeal changes temp rules

This report relates to 1 case(s)

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    Dacas v Brook Street Bureau (UK) Ltd [2004] IRLR 358 CA (5 other reports)

    • Agency workers may gain pensions

      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

      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

      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.

    • Temporary solutions could cause long-term problems

      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

      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.

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

In Dacas v Brook Street, the Court of Appeal said an employment appeal tribunal was wrong to conclude that a disgruntled temporary worker was employed by the recruitment agency.