Everything you need to know about agency workers & whistleblowing

3. McTigue decision

Pike gave the example of a case here involving Ms McTigue – an agency worker who was employed at a referral centre operated by the Trust. After some issues, McTigue was removed from her assignment with the Trust – however, she alleged that her arrangement had been terminated because she had blown the whistle to the Trust about practices at the centre and she brought an employment tribunal claim on these grounds.

Pike explained: “The employment tribunal (ET) found that Ms McTigue was not entitled to bring a claim against the Trust, as the agency had determined the majority of her terms, including the more important ones, and therefore the Trust had not 'substantially determined' them.  Ms McTigue appealed the decision to the EAT.

“In the EAT, the judge said that the ET had taken the wrong approach and noted that it was possible for Ms McTigue to have protection against both the Trust and the agency. It was not therefore acceptable for the ET to simply compare the terms in the agreements with the Trust and the agency and decide that Ms McTigue had rights against the party that had determined the majority of her terms.