Claimant v IMC Locums Ltd
Outcome
Individual claims
This preliminary hearing determined employment status only. The tribunal found the claimants were workers, giving jurisdiction to hear the claim. The substantive question of whether unauthorised deductions occurred (alleged underpayment from agreed £28/hour rate and non-payment of £200 bonus) will be determined at a final hearing.
Mr Kurian initially included a complaint of detriment following a protected disclosure (whistleblowing). This complaint was formally withdrawn by email on 31 July 2025 and dismissed upon withdrawal in a previous Case Management Order.
Facts
Two qualified audiologists were sourced by a healthcare recruitment agency (IMC Locums) to provide services at an NHS Trust. The agency maintained it merely introduced them to the Trust for direct engagement, while the Trust stated they were agency workers employed by IMC Locums. A dispute arose over pay rates - the claimants alleged they were promised £28/hour and a £200 bonus, but received lower amounts. The preliminary hearing addressed the fundamental question of who employed them.
Decision
The tribunal found the claimants were workers of IMC Locums Ltd, not employees of the NHS Trust. Applying Autoclenz, the judge disregarded misleading contractual labels and found that contemporaneous WhatsApp evidence from IMC's Divisional Lead showed the agency exercised control, negotiated rates, had a commercial margin, and acted as principal. The respondent's evidence was vague and unsupported. The tribunal has jurisdiction to hear the wage deduction claims at a final hearing.
Practical note
In agency worker cases, tribunals will prefer contemporaneous communications showing how arrangements actually operated over later witness evidence, and misleading contractual labels will not prevent worker status being found where the operational reality shows control and personal service.
Legal authorities cited
Statutes
Case details
- Case number
- 2305789/2024
- Decision date
- 10 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- IMC Locums Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Audiologist
Claimant representation
- Represented
- No