Discrimination difficulties for agency workers

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.