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Consistent Group v Kalwak

[2008] EWCA Civ 430

Case summary last updated at 20/02/2020 19:07 by the Oxbridge Notes in-house law team.

Judgement for the case Consistent Group v Kalwak

K got work through employment agency, CG, at business WCF. The agreement between K and CG stated that she wasn’t an employee, that it was a zero hour agreement, and that she had a right of substitution (provided the substitute was suitable). She was also free to work for other agencies at the time. Her agreement was terminated when she tried to join a union, and it is unlawful to sack ‘employees’ for trying to join unions under legislation. CA said K was clearly not an employee of K and that the agreement was not a sham.

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