Employment Status and Agency Workers – An important reinforcement from the Court of Appeal in Smith v Carillion

Mr Smith was an agency worker working at the End Client Carillion (now Mowlem) in the construction industry.

Mr Smith wanted the Court of Appeal to agree with his contention that his ‘worker’ contract could be implied between himself and Mowlem alleging Unfair Dismissal by Mowlem.

The Court of Appeal did not agree with Mr Smith’s various grounds of appeal and refused to accept there was an implied contract between Mr Smith and Mowlem.

However this case highlights the fact ‘Employers’ need to ensure they are communicating with all parties in the chain from a control and compliance perspective. It is the ‘employer’ who has the ultimate responsibility in employment litigation to show it has acted in a reasonable and fair manner.

This reinforces the aspect, clear communication by an employer with any agencies and / or end clients is imperative to protect its workforce and its exposure to claims.

For further information or if you have any issues you would like to discuss, speak to Laura at Cinch Legal on: 01925 594495 or email: LauraP@thecinchgroup.com.