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Court of Appeal held that an agency worker was not protected from discrimination legislation

agency worker case

The Court of Appeal has held, in Muschett v HM Prison Service, that a temporary agency worker was not an employee of either the Prison Service, who he was carrying out work for or the agency that supplied him, for the purposes of unfair dismissal or discrimination legislation.

The Court based their decision on the fact that there was no obligation on the Claimant to work for the Prison Service and that he could have terminated his work with them at any time by giving notice to the agency.

The outcome of this case is likely to have repercussions for agency workers as those working under similar arrangements to the Claimant may also find themselves outside the protection of discrimination legislation.

For more information or support with discrimination issues, please contact our Employment & HR team.

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