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Is agency worker an employee of the end user?

In a recent case (Wood Engineering (North Sea) Ltd v Robertson) a part time receptionist worked for an end user for six years via an agency arrangement.

The end user advertised for a full time receptionist and the worker applied and got the job.

She was dismissed eight months later and claimed unfair dismissal.

She tried to argue that she had been an ‘employee’ of the end user for over six years and therefore would qualify to be able to bring a claim under the ‘one year employment’ rule.

It was held she did not qualify and to succeed in such an argument there had to be strong evidence that the end user was the main driver of the employment relationship.

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