John KeithThe recent case of Hewlett Packard Limited v O’Murphy (Employment Appeal Tribunal, 26 September, 2001) may increase, rather than decrease the popularity of using agency workers and independent contractors in this constantly shifting area of service provision.

O’Murphy was a computer specialist and a director of Circle Technology Limited, which he owned and managed exclusively for the purposes of the administration of his services. Circle Technology entered into a contract with an employment agency, Eaglecliff Limited, which referred to O’Murphy being under an obligation to obey all of its client’s reasonable and lawful instructions.