For today's organisations, whose quest for demonstrable competitive advantage is unending and seen as the key to success, the opportunity to extend reach and provide performance support to
its employees at the crucial point of need in itself offers the prospect of a competitive edge.
In so holding, Lord Justice Mummery accepts wholly the president's judgment
at EAT level, in particular the
crucial point that the test for transmutation into a direct
employee of the end - user is whether it is necessary to imply such a contract, in order to make sense of the relationship, not simply whether the individual ends up looking like a direct
employee.