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A contract of employment should not be implied where the contractual arrangements in place adequately explain the working relationship between an agency worker and the end user. A significant degree of integration of an agency worker into an organisation is not inconsistent with an agency relationship in which there is no contract between a worker and the end user. When considering whether a contract of employment should be implied into the relationship between parties, their understanding that there is no contract in place between them, whilst not decisive, is a powerful factor against such an implication.
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