Action Contracts (East Midlands) Ltd v (1) Ablitt (2) Asfordby Storage & Haulage Ltd - Insufficient mutuality of obligation to sustain implied contract of employment [2008] EAT

Yet another of the "triangular" agency worker/employee cases. Ms Ablitt had a temporary worker assignment contract with Action, but pursuant to this she had always worked at Asfordby, as a packer. All her contracts with Action specifed that she was not its employee, although they paid her and arranged leave etc. Ms Ablitt claimed unfair dismissal against both organisations, and an employment judge held that she was an employee of Action and not of Asfordby. Action appealed.

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