Employee or not?

by Sarah

The EAT has handed down a decision today, which confirms the law on agency workers/employees.  The decision which can be found here in which the EAT upheld the Tribunal’s decision that the Claimant was an employee and had a claim for unfair dismissal.  This is despite him having been put on the books as an agency worker and the fact he was paid by the agency after they took a 15% markup. 

As always the case is fact sensitive but a useful reminder to agencies and employers out there about the level of control exercised by the end user over the “agency worker”. 

This entry was posted on Wednesday, October 24th, 2007 at 4:47 pm and is filed under Who is an Employee?. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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