Human Resourses in a Legal Context - Essay Example

The only signed document between him and the employer was a document that detailed the nature of his duties as a temporary worker. There was, however, a written contract between the employer and the job agency; this contract, as established by the submission of documentary evidence to the employment tribunal, was explicit in its reference to all supplied workers as being temporary and deriving from the efforts of the job agency rather than the employer. There was, in short, no express contract between the worker and the employer, the worker was in all cases referred to as a temporary employee, and both the employer and the employee satisfied their respective duties and obligations.

The immediate dispute arose after the worker called in sick, and he spent approximately three weeks away from his physical place of employment. When he returned to work, he was informed that the agency had supplied a new worker and that his services were no longer required for this particular job. Consequently, he initiated an action alleging unfair dismissal; there being no express contract between himself and the employer, he argued that he ought to have been treated as an employee under the theory of implied contract.

This is the main issue entertained and decided by the employment tribunal. The tribunal was rather efficient and impatient with evidence and information which it deemed irrelevant or extraneous. A few questions were asked of live witnesses, but most of the evidence was presented in documentary form, supported by the arguments of legal counsel. A great deal of attention was paid to definitions, particularly to what constitutes an employee-employer relation under the Employment Rights Act. The worker had an opportunity to prevail because the tribunal and the legal representatives all agreed that a formal employment relationship could be established through either an express contract or an implied contract;