Agency Workers Case Study
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, an agency worker maybe the employee of the agency which supplies him work or an employee of the end-user/client. In recent times, he will be neither. As a result, the Courts and Tribunals have in recent years been faced with the most-fundamental question in employment law- who is an “employee”?
This essay will critically evaluate the difficulties agency workers have faced in establishing employee status. 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 change.
The ‘Control’ and ‘Mutuality of Obligation’ Tests vs Agency Workers
The relationship between…