... the client does exercise considerable control over the work done but the agency worker is not an employee of the client because there is no contract between the agency worker and the client. This is the usual position under the common law, but various legislation and certain cases recognise that an agency worker may be an employee of either the agency or the client. Throughout the case law on whether an agency worker is an employee of the agency or the client the courts have used the traditional tests on whether an individual is an employee, namely the 'control test' and the 'multi-factorial test'. The multi factorial test involves looking at various factors which could possibly show that a contract of employment exists, the factors could involve who pays the relevant taxes, or who provides the tools and instructions for the work to be done. A major factor involved in deciding ...

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