Magazine article Marketing

Legal Q & A

Magazine article Marketing

Legal Q & A

Article excerpt

Q I am contracted out by a recruitment agency to a company where I have been for a year. I am unsure where to turn in case of any dispute. Can I make a claim for unfair dismissal and if so against whom? What other rights do I have?

A In the case of Montgomery v Johnson Underwood Ltd, the decision of the Court of Appeal left Mrs Montgomery 'employed by no one'.

The agency where she had registered found her a position with a local company. She agreed terms of pay and hours of work with the agency, which then sent her a letter of confirmation with its terms and conditions.

After two years, the company asked the agency to terminate her assignment because of too many personal calls being made. She made a claim against the agency for unfair dismissal, but later joined the client company to the proceedings. The Court of Appeal stressed that the contract of employment is central to most legislation governing the rights of employer and employee. …

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