Consistent Group is facing legal action by new union Unite after it lost an Employment Appeal Tribunal (EAT) case.

Unite, which was formed following a merger of the Transport and General Workers' Union and Amicus on 1 May, plans to claim unfair dismissal and victimisation of union activities against the recruitment agency, which supplies workers in the food processing and manufacturing sectors.

But a spokesman for Consistent accused the union of "grandstanding" and said he was confident a new appeal would succeed.

Consistent, which has offices in London and Shrewsbury, was appealing against an earlier decision by the EAT, which found that a group of Polish workers were employees, and therefore should have the same rights. It lost the appeal, however.

Mick Cashman, senior organiser for the T&G section of Unite, told Recruiter that the union would now take legal action.

However, the Recruitment and Employment Confederation's head of legal affairs, Belinda Brooke, contends that the outcome does not have significant implications for recruiters.

"There were clauses in these workers' contracts which were consistent with an employment relationship," she told Recruiter. "I would have advised the agency that, if they did not seek to establish an employment relationship, they should not have had those clauses.

"Once you start having clauses, such as a notice period, you are entering a high-risk area."

Joanne Smith, solicitor with Liverpool-based DWF Solicitors, told Recruiter that the verdict was indicative of a more "holistic" approach by tribunals in resolving disputes.

"In the past, tribunals would just look at the written documents but this shows that tribunals are looking at the intentions and working practices of all parties."

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