The EAT has recently looked at the difficult question of employment status. In the case of Suhail –v- Barking Havering & Redbridge NHS Trust & Others it found that a GP providing his services to an NHS Trust via a co-operative was neither an employee nor a worker.
An employee has the full range of employment protection rights and, although workers have more limited rights, they are still entitled to paid holiday for example. Decisions such as this can have major implications for many employers.
What happened in this case?
In this case Dr Suhail was a registered GP. He provided his services as an out of hours GP through a number of different organisations but in particular via the Partnership of East London Co-operative, a not for profit social enterprise. That work was carried out at Queen’s Hospital in East London. The agreement he had with the co-operative referred to him as a self-employed contractor and he issued invoices which were paid without deduction for tax or NI. The co-operative did not have to offer him work and he did not have to accept work when it was offered to him.