The decision of the Court of Appeal in James v Londn Borough of Greenwich has finally brought the debate over the question of whether a long-term agency worker can be an employee of the end user to an end, with the answer - probably not, but sometimes, possibly. The decision of the Court affirms the very clear judgement of Elias P in the EAT. In particular the several points of guidance in that case are adopted by the Court of Appeal, namely:
When the arrangements are genuine and when implemented accurately represented the actual relationship between the parties - as is likely to be the case where there was no pre-existing contract between worker and end user - then it will be a rare case where there will be evidence entitling the Tribunal to imply a contract between the worker and the end user.
I will be producing a podcast on agency work for http:\\www.cpdcast.com in the coming weeks
