Court of Appeal changes temp rules

first_imgRelated posts:No related photos. Comments are closed. Court of Appeal changes temp rulesOn 1 Apr 2004 in Personnel Today Previous Article Next Article Organisations could face unfair dismissal claims from temporary workersafter the Court of Appeal ruled that employers could be held liable for agencystaff. In Dacas v Brook Street, the Court of Appeal said an employment appealtribunal was wrong to conclude that a disgruntled temporary worker was employedby the recruitment agency. Dacas, a cleaner for Wandsworth Council through the Brook Street Bureauagency, claimed unfair dismissal against both organisations after four year’sservice. Jonathan Chamberlain, a partner at law firm Wragge & Co, said thedecision fundamentally changes the employment triangle between temporary staff,firms and agencies and entitles temporary workers to employment rights afteronly one year of service. “Any employer that has large numbers of long-term temporary staff willhave to review these arrangements,: Chamberlain said. “This area is crying out for legislation as the judges have gone as faras they can,” he added. Ben Willmott, employee relations adviser at the Chartered Institute ofPersonnel and Development, said employers must carefully consider theirrelationship with agency workers. He warned that companies could face claims such as unfair dismissal iftemporary workers were integrated into the workforce through appraisal systems,company uniforms or day-to-day duties. “This is a grey area at the moment. Employers can take steps to managethe situation, such as ensuring the agency has given the employee a writtencontract,” Willmott added. For further analysis go to www.personneltoday.com/goto/22949www.courtservice.gov.uklast_img

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