Court of Appeal held that an agency worker was not protected from discrimination
The Court of Appeal has held, in Muschett v HM Prison Service, that a temporary agency worker was not an
employee of either the Prison Service, who he was carrying out work for, or the agency that supplied him, for the purposes
of unfair dismissal or discrimination legislation.
The Court based their decision on the fact that there was no obligation on the Claimant to work for the Prison Service
and that he could have terminated his work with them at any time by giving notice to the agency.
The outcome of this case is likely to have repercussions for agency workers as those working under similar arrangements
to the Claimant may also find themselves outside the protection of discrimination legislation.
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