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Termination of contract by employment agency constitutes dismissal
In Francis v Pertemps Recruitment Partnership Limited, the EAT has held that an employee was dismissed by an employment business in circumstances where the employee’s contract was with the employment business and which specified a particular client of the employment business to which the employee would be assigned. When the work with the particular client ceased so that there was no longer a requirement for the services of the employee, the EAT held that a dismissal took place. This was endorsed by the fact that the employment agency had offered to pay the employee a redundancy payment or look for alternative work for the employee; all of which was consistent with dismissal rather than consensual termination, as was argued by the agency.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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