A LAWYER from Bolton believes a landmark decision made by an employment appeal tribunal will stop companies "culling" agency workers before they reach 12 months service.

The case of James v Greenwich Council was heard in London, on December 18, last year.

Ms James was an agency worker, but had worked for Greenwich Council for five years, when her contract was terminated.

She argued that an implied contract of employment existed between the council and herself, but the tribunal rejected the appeal.

The tribunal went on to give legal guidance regarding implied contracts between agency workers and "end-user employers" - in this case Greenwich Council.

Stephen Calderbank, a Farnworth-born associate who specialises in employment law with Manchester firm Davies Arnold Cooper said: "The decision has dealt a substantial blow to a worrying trend for tribunals to imply a contract of employment between agency workers and end-user employers'."

Mr Calderbank, aged 48, believes that the trend started after a 2004 appeal court case.

An agency worker, who was supplied as a cleaner to Wandsworth Council, won her appeal that there was an implied contract between her and the council as it was Wandsworth that controlled her hours and tasks and she had been there for longer than 12 months.

"Happily, for employers, this trend has just been dealt a substantial blow.

"The tribunal said that it is not appropriate to imply any such contract where the end-user cannot insist on the agency supplying any particular worker.

"It added that to imply a contract there must be, subsequent to the relationship commencing, some words or conduct that entitle the tribunal to conclude that the agency arrangements no longer dictate how the work is actually being performed "Finally, and most reassuringly, it said the passage of time does not justify the implication of a contract.

"This should be of some comfort to those employers that have been undertaking, mechanically and regardless of ability, a cull of agency staff who have been in their premises for just under 12 months."

Mr Calderbank, who ran his own practice in Bolton for 17 years, became an employment law specialist with Davies Arnold Cooper in March, last year.