Agency workers can be employees

The Court of Appeal has confirmed that an agency worker can be an “employee” of the end user.

Patrick Muscat was dismissed and re-engaged as a contractor by his employer in order to reduce staff levels prior to a buyout, but he continued his work as before.

Confirming the principles proposed in Dacas v Brook Street Bureau, the court held that he was an employee and had unfair dismissal rights.

Cable & Wireless plc v Muscat [2006] EWCA Civ 220