Can the mere passage of time create an employment contract with the end user? Is control a determining factor in deciding this issue?
These are some of the issues that were raised in the case of James v Greenwich Council UKEAT/006/06 (2006) AER (D) (12) (Jan)
• The EAT Guidance is that where there is a genuine as opposed to a sham arrangement the agency will not create an employment contract between the agency worker and the end user.
• To change the status of the worker there must be some further conduct or words which would indicate that the agency relationship no longer reflects the reality of the situation.
• The passage of time does not determine status, that can often be explained on the grounds of convenience.
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