“Agency workers cannot claim equal pay with permanent staff at user organization.”
James worked as an agency teacher for Greenwich Council through an employment agency. She claimed equal pay with permanent teachers employed directly by the council, arguing she was doing like work for less pay.
Whether an agency worker could bring an equal pay claim against the end-user organization rather than their contractual employer (the agency), and what connection is required for such claims.
The Court of Appeal held that James could not claim equal pay from Greenwich Council as she was not their employee and lacked sufficient connection to found an equal pay claim.
This case clarified that agency workers face significant barriers to equal pay claims against end-user organizations, highlighting gaps in employment protection for agency workers. It influenced subsequent legislative reforms addressing agency worker rights.
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OSCOLA Citation
James v London Borough of Greenwich [2008] EWCA Civ 35
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