Agency workers' rights

One of my members works for the local council but is employed through an agency. The agency has, following a complaint from the council, said it will forcibly transfer her out of local authority employment. Our member believes this amounts to an unfair dismissal and that she has grounds for a claim.

Your member may be able to take a claim against the council, even though notionally she is an agency worker. In a recent ruling, the majority of the Court of Appeal suggested that there might have been an implied contract of employment between the employee and the council.

* More information: Brook Street Bureau v Dacas [2004] IRLR 358