Consistent Group v Kalwak [2008] EWCA Civ 430

Kalwak got work through employment agency, CG, at business WCF.

The agreement between Kalwak 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 Kalwak was clearly not an employee of Kalwak and that the agreement was not a sham.