Implied contracts take a knock
by Philip
In a series of cases in the Court of Appeal, the court has found an implied contract of employment between an agency worker and the end user, thereby raising the spectre that the agency worker you have engaged may in fact be your employee. In this decision by the EAT the EAT emphasised that there will be no contract of employment unless there exists a mutuality of obligation between the end user and the agency worker. Furthermore an implied contract of employment will only be implied where it is necessary to imply such a contract. The EAT found that the Tribunal were correct not to find an implied contract of employment, even though the agency worker had been with the end user for many years.
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