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Law Matters
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