Agency Workers Case Study

In addition to fiscal matters, research evidence suggest that a growing number of skilled and young people are choosing to work in flexible working conditions and are rejecting the traditional employment relationships. Defined as “workers engaged through, an employment agency and supplied to a hiring employer on a temporary basis”, agency workers fall into this category. The employment relationship of agency workers continue to challenge any straightforward classification. The fact that someone is an employee of someone else is a major jurisdictional factor in several areas of law, for example, in tort law on the question of vicarious liability and in employment law on the question of unfair dismissal and redundancy. Depending on the circumstances, …show more content…
First, this essay will examine certain common law tests and their impact on agency workers. Next, evaluate significant case laws that have dealt with the status of agency workers in addition to the legislative impact on agency workers. In conclusion, this essay will focus on possible reforms and suggest proposals for …show more content…
The implications of this test for agency workers are highly unrealistic, impractical and disadvantageous –at least if applied in strict sense; it might have some relevance, however, in reality what binds the temp to the agency and vice versa is far more indirect. Most of the claims against agencies have failed as a result of the application of this test. In Alade, the EAT reversed the ET’s decision and held that the claimant had no standard “obligation” agreement that would support employee status. Hence, it is suggested that if the test of mutuality of obligation is to be applied, the law should recognize the realities of independency and