Friday, May 25, 2018

McMeechan v Secretary of State for Employment [1997] IRLR 353 CA

In McMeechan v Secretary of State for Employment1, the Court of Appeal holds that a temporary worker on the books of an employment agency may have the status of employee of the agency in respect of each assignment actually worked, notwithstanding that the same worker may not be entitled to employee status under his or her general terms of engagement. Where the agency and the temporary worker have committed themselves to standard terms and conditions which are intended to apply both to the general engagement and to the individual stints worked under it, those conditions have to be interpreted from a different perspective according to whether they are being considered in the context of the general engagement or of a single assignment. On the facts of the case, the Court holds that a temporary worker was entitled to be treated as an employee of an employment agency for the purposes of the specific engagement in respect of which he was owed money when the agency went into liquidation.

Mr McMeechan was a temporary worker on the books of Noel Employment Ltd, an employment agency. He fulfilled a series of engagements supplied to him by the agency, the final one involving four days' work as a temporary catering ...

Last modified on Wednesday, 25 January 2012 10:32
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