Since Dacas v Brook Street Bureau, tribunals have been finding implied contracts of employment between agency workers and end users on a regular basis. A practical difficulty, however, is that employees often only bring a claim against either end-user or the employment agency.
The Employment Appeal Tribunal has just handed down a decision recommending that tribunals exercise their own power to join parties in order to add as Respondent the other party (either end-user or employment agency). This enables the tribunal to undertake a fuller review of the 'employment' relationship and ensures that the Claimant will not be left without a practical remedy if the other Respondent (i.e. other than the one the Claimant has sued) is found to be the employer.
Astbury v Gist