GFTU Emplaw Emplaw Emplaw

Heatherwood & Wexham Park Hospitals NHS Trust v Kulubowila & Ors - Employment status of agency workers [2007] EAT

Another case in which the EAT holds that a worker provided to an end-user by an employment agency was not an employee of the end-user for unfair dismissal purposes. In this case the EAT stressed the importance of the fact that if an employment contract is to be implied ct with the end-user it must be "necessary" to imply it - in other words if such a contract is to be implied it is "necessary" to identify conduct inconsistent with there being no such contract between the worker and the end-user.

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