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The workers in the event of Cairns V Visteon UK Ltd [2007], was seen as an administrative assistant from 1998 until May 29, 2005. From a point around 2001, the staff of the service by an agency. The Agency , M, was employed under a service. In May 2005, a problem arose as to whether its employees had falsified time sheets. The employer uses this timesheet to pay employees by M.

M and an investigation and concluded that the employee is not honest. Even so, the employer refused to continue with the employee and the order for their services has been revoked. M, then tried to relocate the staff without success. As a result, the employees of the employment was by M.

The employee has a claim before the Labor Court that it had been unfairly dismissed by the employer. The main issue for consideration by the court was whether the services of the employees were under an employment contract. The court concluded that but for the existence of the employment contract between the worker and M, it would have the need, through a contract between the worker and the employer.

Despite the conclusion that the court refused to create such an implied contract in this case. Their justification for this was that there was no authority to support the thesis that such a contract could be implied between an employee and end-users, where there was a contract of employment between the employee and the Agency. It was also noted that the agreed consideration to the need for the impact of an employment contract between the worker and the employer still not enough.

The employees of the plaintiff was therefore dismissed and they appealed to the Employment Appeal Tribunal.

The employee has the following wording:

§ The tribunal had wrongly concluded that the fact that a contract for service between M and the workers that it is not a contract between the worker and the employer and

§ The tribunal had not properly than the question of necessity.

Their appeal was dismissed for the following reasons:

§ If the contract between the worker and the agency was one for services, it would be possible, through a contract between the service staff and end-user to the protection of workers under the Employment Rights Act 1996. However, where the employee was employed by the agency, and therefore already covered by the Employment Rights Act 1996, there was no reason to extend that protection for a second and parallel employer. The employees were from M in the context of a service, and their arguments for the effects of a contract between you and the employer to be founded solely on the allegation that their right to unfair dismissal would have a greater prospect of success against the employer. The court was therefore not correct to one of the employment contract between workers and employers.

§ To create a service contract with which behavior on the basis of need, it was necessary to show that the behavior of workers and employers was only in line with where it was a contract between them.

In this case, but it was open, the Court concluded that the behavior of workers and employers was also in line with the services, the workers at the employers
under the terms of the contract between the worker and M and
the conditions of the commercial contract between M and the employer for the purchase of the employee's services.
It was therefore decided that the court had properly the question of necessity.
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