Claimant v North West Anglia NHS Foundation Trust
Outcome
Individual claims
This preliminary hearing determined only the issue of employment status. The tribunal found the claimant was an employee, giving it jurisdiction to hear the automatic unfair dismissal claim. The merits of the dismissal claim itself were not determined at this preliminary hearing.
Facts
The claimant, an orthopaedic surgeon, worked for an NHS Trust from 1 June to 3 August 2023, introduced via an agency. The Trust terminated his contract on one week's notice, treating him as an agency worker. He was required to complete the Trust's induction, worked shifts on a surgical rota, was paid by PAYE, and subject to a high degree of control, with no possibility of substitution. The contract, though titled for 'temporary agency workers', contained many terms typical of employment.
Decision
The tribunal found that the claimant was an employee, not an agency worker. Despite the contract's title, its terms and the reality of the working relationship demonstrated mutuality of obligation, high control, personal service, and integration. The tribunal applied the contra proferentem rule to ambiguous terms and found that the nature of the work (highly qualified surgeon in NHS setting) necessitated an employment relationship. The tribunal therefore has jurisdiction to hear the automatic unfair dismissal claim.
Practical note
A carefully drafted contract is normally determinative of employment status, but where a contract is imposed on a worker with contradictory terms, tribunals will look to the substance of the relationship, and high levels of control, integration, and mutuality of obligation in professional NHS roles may mandate employee status regardless of labels.
Legal authorities cited
Statutes
Case details
- Case number
- 3314724/2023
- Decision date
- 3 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Orthopaedic Surgeon
- Service
- 2 months
Claimant representation
- Represented
- Yes
- Rep type
- barrister