June 30, 2015

Employee, Worker or Self-Employed?

In Suhail v Barking Havering & Redbridge NHS Trust UKEAT/0536/13/RN, the Employment Appeal Tribunal (EAT) considered whether a doctor who provided his services to a health care trust through a co-operative was an employee, a worker or self-employed.

Dr Suhail provided his services as an out-of-hours doctor to a health care trust via a co-operative. When he sought to bring employment claims, the first issue to be determined was his employment status. The EAT held that he was neither an employee nor a worker: he was self-employed. In coming to this decision, the EAT took into account a number of factors including the following: he submitted invoices for his services which were paid by the co-operative without deduction for tax or national insurance; the co-operative was not obliged to provide him with work, nor was he obliged to accept any work that it did offer him; his agreement with the co-operative was not exclusive and he was free to take up any other work at any time; his agreement with the co-operative described him as a self-employed contractor; and he actively marketed himself to whichever health care agency offered the most attractive seasonal work.

This case provides a useful reminder of the factors that UK Employment Tribunals will take into account when considering employment status. It should be noted, however, that such cases are particularly fact-sensitive and the outcomes can vary greatly from case to case.  

The Faegre Drinker Biddle & Reath LLP website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Drinker Biddle & Reath LLP's cookies information for more details.