An employee on a zero-hours contract can be an agency worker. This is the ruling of the Employment Appeal Tribunal.
The case is Matei v Brooknight Guarding Limited. Matei was employed on a zero-hours contract by Brooknight. He mostly worked for one client, Mitie. The Claimant claimed he was an agency worker and entitled to the same basic working conditions as the Mitie staff after 12 weeks of service.
The Tribunal agreed, but Brooknight appealed. The Employment Appeal Tribunal has upheld the original tribunal’s decision which was on the basis that he had been supplied to work temporarily for Mitie, and worked under their supervision and direction. The EAT said the position was temporary as it was not permanent or indefinite and the original tribunal had adopted the correct approach.
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