More than one employer

Case 3: The facts

Ms Cairns was an administrative assistant at the same company for seven years. For over half that time she worked through the agency MSX, of which she was an employee. After she was alleged to have falsified her time sheets, the company refused to take her back, even though the allegation was found to be false. MSX tried in vain to find her alternative employment, and dismissed her.

Cairns sought to bring an unfair dismissal claim against the end-user company, but a tribunal held that she could not be an employee of the end-user because she already had a contract of employment with the agency. She appealed.

The ruling

The Employment Appeal Tribunal held that an employee cannot have more than one employer for the same job. In personal injury claims, where a third party has been injured as a result of somebody's negligence, two companies can be held liable, but this is because there is a public policy to protect injured third parties; there is no such policy consideration in relation to employment claims.

Cairns had been an employee of the agency, and there was no need for a contract to be implied with the end-user. Her claim against the company was dismissed.

Cairns v Visteon UK Ltd UKEAT/0494/06