Having gone on to uphold the tribunal's finding of no employment contract, the EAT went on to give the following guidance, which bears reading in full by anyone dealing with one of these cases: Unlike
casual worker cases, where the key
issue is mutuality of obligations, to construct one overall contract of employment, in agency worker cases the key
issue is likely to be «whether the way in which the contract is in fact performed is consistent with the agency arrangements or... is only consistent with an implied contract between the worker and the end
user and would be inconsistent with there being no such contract».