Employee or agency worker

Mark Minns, 27 January 2011

Despite being significantly integrated into the business of the end user, the Court of Appeal has upheld the Employment Appeal Tribunal's decision that an agency worker was not employed by the end user where there was no employment contract with the end user.

An employment relationship will only be implied between an agency worker and an end user if it is necessary to explain the work undertaken. The fact that an agency worker has been fully integrated into the end user’s business is of little relevance in applying this test as in most cases a worker will need to be fully integrated to provide a satisfactory service.

Tilson v Alstom Transport (2010) EWCA Civ 1308