Goodman Derrick

Is it correct that a contract can only be implied between an individual worker and an end user where it is necessary to do so?

By Clare Gilroy-Scott

It is generally accepted that where a worker is supplied to work for an end user through a recruitment business, a contract can only be implied between an individual and the end user where it is necessary to do so in order to give effect to the reality of the relationship (James v Greenwich LBC).

The concept of when it might be ‘necessary’ was tested by the Employment Appeal Tribunal in the case of Smith v Carillion. In this case, the claimant claimed he had been dismissed by the end user because of raising health and safety concerns in his capacity as shop steward and the union health and safety representative. He had been placed on a construction blacklist as a result of his TU activities…

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