For many years Mr Augustin worked long and regular hours, under Mr Humphries' supervision, at a warehouse. He was provided by employment agency Total Quality Staff, under an arrangement by which he had no obligation to accept assignments offered, but if he did he must complete a shift to the best of his best ability. When the relationship ended he claimed unfair dismissal against TQS, but an employment tribunal held that he was not a TQS employee. Mr Augustin appealed.
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