Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Monday, 26 January 2009


Agency workers and continous service

If an employee

· works though, and is paid by, an agency for X months at a client
· then joins the client and works for Y months
· and is then dismissed

How many months continuous employment does the employee have - X months? Or X+Y months?

It is important because the employee does not acquire the right to be unfairly dismissed until he has clocked up 12 months continuous service.

In several 2008 cases, the

· employer argued for X months only and
· employee argued that there existed an implied employee contract with the client so that the period of continuous employment was X + Y months

The Courts have now said that where an agency contract is genuinely in place, then there is no need to imply a contract between the agency employee and the client (“an implied contract”), especially where there is no need to do so

This means that the Tribunal should now consider whether the client
· could (or did on occasions) refuse to accept a different employee
· guaranteed work throughout the period of contract
· paid the employee when work did not take place
If he could or did do these things, then this points towards an implied contract - otherwise not


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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).