Employment

Disability discrimination - applicant supplied to do work for company under contract between employer and agency - company 'principal' for purposes of disability discrimination legislation even though no contract between employer and companyMHC Consulting Services Ltd v Tansell: CA (Stuart-Smith, Ward and Mummery LJJ): 6 April 2000An agency contracted with a company to provide freelance contractors, and the agency contracted with the applicant's employer, who agreed to provide the applicant to do the work.

The applicant complained that the company was guilty of unlawful disability discrimination when it terminated his services after he was diagnosed as suffering from diabetes.

On a preliminary issue, the employment tribunal ruled that the agency and not the company was the 'principal' for the purposes of s.12 of the Disability Discrimination Act 1995.

On the agency's appeal and the applicant's cross-appeal, the Employment Appeal Tribunal [1999] ICR 1211 held that the company was the principal.

The company appealed.Christopher Jeans QC and John Cavanagh (instructed by Anne Spence, Bournemouth) for the company.

Brian Langstaff QC (instructed by the Disability Law Centre) for the applicant.

The agency did not appear and was not represented.Held, dismissing the appeal, that applying the language of the definitions in s.12 to the facts, the company was the principal, even in the absence of a direct contract with the applicant's employer, because (a) the company made the work available for doing by the applicant, (b) the applicant was employed by another person, his employer, and (c) his employer supplied the applicant to the company under a contract made with the company, namely that which it made with the agency.