Clarkslegal LLP - Solicitors in Reading and London

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Discrimination difficulties for agency workers

05 February 2010 #Employment


Following the Court of Appeal decision in Muschett v HM Prison Service (2010), it seems that it will be harder for agency workers to gain protection from discrimination at the hands of an end-user. 

In order to bring a discrimination claim against an end-user, discrimination legislation provides that contract workers must be employed by the person who supplies them (i.e. the agency). Typically, however, in agency worker arrangements there is no contract of employment between the agency and the worker.  Where contractual arrangements already in place adequately explain the working relationship, as they did in Mr Muschett`s case, the courts are unlikely to imply an employment contract.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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