Tendering For Care

Organisations who regularly use agency workers will be pleased to hear that the uncertainty around the possible acquisition of employment rights by agency workers has now been settled. Previous case law has suggested that employment contracts can be easily implied by the Courts.

The Employment Appeal Tribunal in James v Greenwich Council has finally set out clear criteria required if such a contract is to be implied: it is not appropriate to imply a contract where the end-user cannot insist on the agency supplying a particular worker; the reality of the situation must be examined and clear indicators identified to establish a contract, otherwise the original agency situation will prevail, and the passage of time alone does not justify the implication of a contract. Anyone using agency staff should read paragraphs 53-61 of the decision.

[WCVA Trustee News 17.01.2007]