Postworth Ltd (t/a Skyblue) v Ashworth - Tribunal decision failed to explain how there was either mutuality of obligation or sufficient control to make agency worker employee [2008] EAT

Skyblue was an agency, and for a number of years provided the services of Mr Ashworth to its clients. He had a contract with Skyblue which stated that it was not his employer. He sought to claim unfair dismissal when work ended in 2007.

Almost continually between 2002 and 2007 Mr Ashworth had worked for one client only. An employment judge held that the contract, which she found had in any event expired, did not accurately reflect the position. Mr Ashworth was an employee of the agency Skyblue, and so entitled to claim against them. Skyblue appealed.

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