Employers’ alert after tribunal ruling on tempsOn 8 Apr 2003 in Personnel Today Employers have been warned to examine their employment relationships withtemporary workers and the agencies that supply them following a landmarkdecision by the Employment Appeal Tribunal (EAT). The EAT ruled in favour of a temporary worker Dacas, who had claimed unfairdismissal after her contract with Wandsworth Borough Council, where she hadbeen working for six years on assignment through Brook Street Bureau, wasterminated without notice. Dacas’s claim for unfair dismissal was rejected by an employment tribunal onthe grounds that she was neither an employee of the agency nor an employee ofWandsworth Borough Council. The EAT overturned this decision in favour of Dacas, ruling that she had indeedbeen unfairly dismissed by the employment agency Brook Street Bureau. Makbool Javaid, partner at law firm DLA, said the decision showed thatcourts will increasingly look to the reality of the relationship betweenemployer and worker to determine whether there is a contract of employment or acontract to provide services. Javaid warned that in other cases, the EAT might well find that the employerrather than agency is the temporary worker’s actual ’employer’. “It is clear that the courts will not allow a situation to arise wherethe individual is left with no remedy and is caught in limbo, where neither theagency nor the employer has responsibility,” said Javaid. Previous Article Next Article Comments are closed. Related posts:No related photos.