| Dacas v Brook Street Bureau (UK) Ltd | |
|---|---|
| Court | Court of Appeal |
| Citation(s) | [2004] EWCA Civ 217 |
| Judge(s) sitting | Mummery LJ, Sedley LJ and Munby J |
| Keywords | |
| Implied contract, mutuality of obligation, employee, unfair dismissal | |
Dacas v Brook Street Bureau (UK) Ltd [2004] EWCA Civ 217 is a UK labour law case, concerning the employment rights of agency workers.
Contents |
Mrs Dacas had worked for Wandsworth LBC (through Brook Street plc) as a cleaner for four years. She was dismissed for apparent rudeness to a visitor. She claimed unfair dismissal against both Brook Street and the local council.
The Employment Tribunal held that Mrs Dacas had neither a contract of service with the employment agency, nor any contract at all with the council The Employment Appeal Tribunal held the Tribunal had erred in law, and Mrs Dacas was employed by Brook Street.
The Court of Appeal, Mummery LJ, Sedley LJ and Munby J, held that Brook Street had been under no obligation to provide Mrs Dacas with work, and Mrs Dacas had been under no obligation to accept, and simply because Brook Street had paid her, this did not make Brook Street her employer. Instead the council had day to day control. So the Tribunal had been correct to find no employment contract between Mrs Dacas and Brook Street. Instead, it was possible for there to have been an implied contract between the council and Mrs Dacas, but this point had not been appealed. They thought an employment contract would exist between Mrs Dacas and the council after ‘considering all the evidence’.
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