London Borough Of Camden v Pegg & Ors - Employment status of agency worker [2012] EAT

The fact that an agency worker, having accepted an assignment through the agency, was under an obligation to perform such work personally, means that there is a contract of employment with that agency despite the fact there is no obligation to accept the assignment in the first place.

Ms Pegg worked for Camden as a temporary School Travel Planning Officer. She was not supplied by the agency Camden normally used for the supply of temporary workers, Camden Agency for Temporary Supply (“CATS”), but by Randstad Care Limited trading as Beresford Blake Thomas Limited (“BBT”) that agency having a Third Party Agency Agreement for the Provision of Temporary Workers with CATS. After some months in the role she developed a  psychiatric illness which eventually lead to her assignment with Camden being terminated. She claimed that she had been discriminated against by reason of her disability and claimed against BBT and CATS. On a preliminary point, the tribunal decided that BBT was her employer.The claim against CATS was dismissed. 

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