Secretary of State DTI v Alade & PJ Personnel Ltd in Liquidation - Employment status of agency worker [2007] EAT

Mr Alade obtained work via PJ Personnel Ltd, an employment agency, which subsequently went into liquidation. He was owed £264 in unpaid wages and lodged a claim for that amount with the Insolvency Service. The Service contended that Mr Alade was not an employee of the agency and so could not claim. The Chairman of the London (South) Employment Tribunal found otherwise and directed the Secretary of State to make the outstanding payment but her decision has been overturned on appeal. The EAT held that Mr Alade was not an employee of the agency and so could not claim against the DTI.

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