Patricia Dacas had worked for Wandsworth LBC (on assignment through Brook Street plc) as a cleaner for four years.
She claimed unfair dismissal against both Brook Street and the local council.
The Court of Appeal, Mummery LJ, Sedley LJ and Munby J, held that Brook Street had been under no obligation to provide Dacas with work, and Dacas had been under no obligation to accept, and simply because Brook Street had paid her, this did not make Brook Street her employer.
So the Tribunal had been correct to find no employment contract between Dacas and Brook Street.
They thought an employment contract would exist between Dacas and the council after ‘considering all the evidence’.