Wynn, Michael and Leighton, Patricia (2006) Will the real employer please stand up? Agencies, client companies and the employment status of the temporary agency worker. Industrial Law Journal, 35(3), pp. 301-320. ISSN (print) 0305-9932

Abstract

Analysis of the key Court of Appeal decision of Cable and Wireless v Muscat in the light of the development of the implied contract of employment between agency workers and the client of an employment agency. The article suggests that the courts have ignored the proper role of documentation and the intentions of the parties in an attempt to accord rights to agency workers in the absence of a contract of employment with the agency.

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