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Will the Real Employer Please Stand Up? Agencies, Client Companies and the Employment Status of the Temporary Agency Worker

Will the Real Employer Please Stand Up? Agencies, Client Companies and the Employment Status of... September 2006 Recent Cases 6. CONCLUSION The current interaction of the National Minimum Wage Act and the illegality of contract doctrine threatens the very purpose and aims of the Act. A serious reconsideration of this is required. Alternative solutions do exist, however what is really required is a full review and re-analysis of the interaction of statutory and common law provisions relating to the employment relationship. SARAH F R ASER* AND ADAM SHER* * doi:10.1093/indlaw/dwl022 Will the Real Employer Please Stand Up? Agencies, Client Companies and the Employment Status of the Temporary Agency Worker 1. INTRODUCTION The UK has one of the largest and most sophisticated temporary agency workers’ industries in the world. The flexibility attached to this type of work- ing has attractions to business and to some workers, not least of which is the avoidance of employee status. The industry is regulated under the Employ- ment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and most employers using agency labour have operated on the assumption that the agency worker was not their employee. The case law on temporary agency workers has however, since the case of Franks v Reuters in 2003 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Industrial Law Journal Oxford University Press

Will the Real Employer Please Stand Up? Agencies, Client Companies and the Employment Status of the Temporary Agency Worker

Industrial Law Journal , Volume 35 (3) – Sep 1, 2006

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Publisher
Oxford University Press
Copyright
© Industrial Law Society; all rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org
ISSN
0305-9332
eISSN
1464-3669
DOI
10.1093/indlaw/dwl023
Publisher site
See Article on Publisher Site

Abstract

September 2006 Recent Cases 6. CONCLUSION The current interaction of the National Minimum Wage Act and the illegality of contract doctrine threatens the very purpose and aims of the Act. A serious reconsideration of this is required. Alternative solutions do exist, however what is really required is a full review and re-analysis of the interaction of statutory and common law provisions relating to the employment relationship. SARAH F R ASER* AND ADAM SHER* * doi:10.1093/indlaw/dwl022 Will the Real Employer Please Stand Up? Agencies, Client Companies and the Employment Status of the Temporary Agency Worker 1. INTRODUCTION The UK has one of the largest and most sophisticated temporary agency workers’ industries in the world. The flexibility attached to this type of work- ing has attractions to business and to some workers, not least of which is the avoidance of employee status. The industry is regulated under the Employ- ment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and most employers using agency labour have operated on the assumption that the agency worker was not their employee. The case law on temporary agency workers has however, since the case of Franks v Reuters in 2003

Journal

Industrial Law JournalOxford University Press

Published: Sep 1, 2006

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