Augustin v. Total Quality Staff Ltd & Anor [2008] UKEAT 0343_07_0102 (1 February 2008)

The claimant was employed under a series of daily contracts of service with the agency, not an overarching contract, and thus had employee status for each day worked.

Citation: [2008] UKEAT 0343_07_0102
Parties: Appellant: Mr S Augustin; First Respondent: Total Quality Staff Ltd; Second Respondent: Second Respondent
Jurisdiction: United Kingdom
Judgment Date: 01 February 2008
Procedural Posture: Employment Appeal / Appeal From Pre Hearing Review
Outcome: Appeal allowed in part
Legal Topics: Worker Status, Employee Status, Continuity of Employment, Agency Worker Contracts

Employment Law Worker Status Employee Status Continuity of Employment Agency Worker Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Mr S Augustin

Appellant

Total Quality Staff Ltd

First Respondent

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Review

Legal Issues

1 Whether the claimant was an employee of the agency under a series of daily contracts or an overarching contract
2 Continuity of employment for purposes of unfair dismissal

Ratio Decidendi

The claimant was employed under a series of daily contracts of service with the agency, not an overarching contract, and thus had employee status for each day worked.

Court Disposition

Appeal allowed in part

Orders

Matter remitted to Employment Tribunal for determination of continuity of employment and other claims.