The Employment Appeal Tribunal has held that the employment tribunal was wrong to decide that employers have a positive duty to correct employees or ex-employees in relation to misapprehensions that they have about time limits for bringing claims.
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.
In Muschett v HM Prison Service  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.
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.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.