Agency Workers – Managing the Risks

Recent cases continue to consider the standard triangular arrangement between an agency worker, employment business and client company, i.e. where the worker enters into a contract for the provision of services with an employment business, the client company enters a contract for the supply of services with the employment business and there is no express contract between the worker and the client company.

Generally, a worker will only be regarded as an employee - and, therefore, benefit from statutory employment protection rights (for example, the right to minimum notice and the right not to be unfairly dismissed) - if a contract exists between him and the employer, he undertakes to provide services personally in return for payment (i.e. mutuality of obligation), he is subject to the employer’s control and all other circumstances are consistent with employment status.