www.freelanceuk.com/news/2572.shtml -
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Published on: 12/21/2007
Last Visited: 3/4/2008
Adrian Marlow, managing director of Lawspeed, told FreelanceUK: "We are of the view that the outcome of James v Greenwich may be to uphold the rules in Dacas, and ‘clarify' the guidance in the EAT's decision in James v Greenwich to the extent that tribunals stop instantly dismissing claims by agency workers.
"This would explain the stay, to stop the claiming workers from being prejudiced by the tribunal following guidance with which it profoundly disagrees, but of course there may be other reasons."
He added: "We don't generally consider that these agency worker employment cases, relating to whether there is an implied employment contract, are relevant to IR35."