Agency workers

Case 6: The facts

Patricia Dacas obtained employment through the Brook Street Bureau, an employment agency. For four years she worked for Wandsworth Borough Council, but the agency decided to remove her after a complaint from the council. Dacas claimed that she was employed by the agency and that it had unfairly dismissed her.

The ruling

The Court of Appeal rejected the notion that Dacas had been an employee of the agency. Since her claim was against the agency, it therefore failed.

However, the majority of the judges in the court did suggest that there might have been an implied contract of employment between Dacas and the council - but, as such a claim had not been pursued, it could not be tested.

Dacas v Brook Street Bureau (UK) Ltd [2004] IRLR 358