Equal Pay; a comparator must be employed by the same source or a source responsible for setting terms.
Agency Workers; confirmation that agency workers are rarely employees of the agency in standard tripartite arrangements.
Employment status; agency workers; implying a contract of employment between an agency worker and an end-user. The Court of Appeal held that it is only necessary to imply such a contract where it is necessary to give business reality to the arrangement, necessity, not mere convenience. The mere passage of time working at a site does not of itself justify the implication of a contract.
Agency Workers; rare finding of an employment contract with the agency itself due to the high degree of control exercised.
Agency Workers; status; affirmed the high threshold for implying a contract of employment between a worker and the end-user.
Agency Workers; an agency worker did not become an employee of the prison service despite performing extra duties and long service.
Race discrimination; agency; principal's liability. In deciding whether a placement host (a council) acted as agent of the employer so as to make the employer jointly liable under s.32(2) Race Relations Act 1976 (now ss.109-110 EqA 2010), the ET must ask the correct questions: whether the act was done with the principal's prior authority, express or implied, or was subsequently ratified. The ET's failure to address those questions meant the finding of joint liability could not stand and the issue was remitted.
Agency Workers; Reg 13 AWR; agency workers do not have the right to be prioritized for vacancies over redundant permanent staff.
Agency Workers; contracts failing to specify expected hours of work did not satisfy the 'Swedish Derogation' requirements.
Agency Workers; 'employment' under s.1 Employment Agencies Act 1973 includes self-employed persons for the purpose of prohibiting fee-charging.
Agency Workers; defined 'temporary' supply in open-ended agency contracts; open-ended contracts can still be for 'temporary' supply.
Agency Workers; fixed-term supply of pilots by agency was 'temporary' work under Reg 10 AWR 2010, entitling them to basic working conditions.
Agency Workers; online directories connecting artists to casting directors are not 'employment agencies' for the purpose of the fees ban.
Agency under the Equality Act; the Court of Appeal held that a parent company managing a group-wide incentive scheme is not automatically the agent of its subsidiary (the employer) under s.109(2) EqA. It also upheld the objective justification of an employment cut-off date for bonuses based on staff retention.
Agency Workers; 'zero hours' security guard found to be an agency worker based on the reality of the practice over the written contract.
Agency Workers; agency worker found to be employed by the agency despite lack of mutual obligation between assignments.
Agency Workers; Swedish Derogation; early interpretation of the specific requirements for pay-between-assignments contracts.
Agency Workers; whistleblowing; Reg 5 rights apply only during assignments, not during a period of suspension between them.
Agency Workers; comparison with 'flexible workers' specifically created to reduce agency reliance was a valid comparator.