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”.
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