In Muschett v HM Prison Service the Court of Appeal considered the employment status of an agency worker supplied to the Prison Service by the agency Brook Street. It concluded that the agency worker, who was on a temporary contract, was not an employee of the Prison Service. In addition the Court held that Mr Muschett was not employed by the Prison Service in terms of the broader definition in the discrimination legislation. Therefore, he could not raise a discrimination claim against the Prison Service. This decision underlines the difficulty agency workers can encounter when they have an employment complaint. There is a gap in the law which can result, as it did in this case, with the worker finding himself without redress against either the agency or the client (in this case the Prison Service).