First, this essay will examine certain common law tests and their impact on agency workers. Next, evaluate significant case laws that have dealt with the status of agency workers in addition to the legislative impact on agency workers. In conclusion, this essay will focus on possible reforms and suggest proposals for …show more content…
The implications of this test for agency workers are highly unrealistic, impractical and disadvantageous –at least if applied in strict sense; it might have some relevance, however, in reality what binds the temp to the agency and vice versa is far more indirect. Most of the claims against agencies have failed as a result of the application of this test. In Alade, the EAT reversed the ET’s decision and held that the claimant had no standard “obligation” agreement that would support employee status. Hence, it is suggested that if the test of mutuality of obligation is to be applied, the law should recognize the realities of independency and