Hilda worked for three years for a London council, which employed her through one agency then a second agency. She fell ill in 2004 and was absent from work. When she returned she found that her role had been filled by another worker from her agency.

Hilda took a case for unfair dismissal to an employment tribunal and eventually to the Court of Appeal.  The Council argued – correctly – that James was not an employee so was not entitled to the rights of an employee.

Lord Justice Mummery said that whilst he was sensitive to the problems faced by workers without employment contracts, it was not the job of courts or tribunals to rewrite the law according to their own views.