In Consistent Group Limited v Kalwak and ors, the Court of Appeal has rejected the EAT’s approval of a tribunal’s finding that there was a contract of employment between workers and an employment agency that purported to engage them as self-employed subcontractors. The employment judge’s decision was held to be ‘manifestly unsatisfactory’, as he had failed to provide sufficient reasons for the parties to be satisfied he had reached ‘a cogent answer’. As a result, the case was remitted to be re-heard before a differently constituted tribunal.
Tags: agency workers
