Claimant v NHS Highland
Outcome
Individual claims
The tribunal found that 'service' in the claimant's Terms and Conditions meant employment under a contract of service, not self-employment. The claimant's prior locum GP work from 2017-2024 was self-employed and therefore not reckonable service for sick pay purposes under paragraph 7.5.3. The claimant was only entitled to one month's full sick pay as this sick leave occurred in her first year of employment with the respondent.
The claimant sought determination of her written employment particulars under s.1(4)(d) and s.12 ERA 1996 to reflect 7 years of reckonable locum service for sick pay purposes. This failed because the tribunal determined that her prior self-employed locum service did not constitute reckonable service under her contractual terms, so there was no basis to modify her written particulars.
Facts
Dr Sim worked as a self-employed locum GP for the NHS between 2017 and 2024. She commenced employment with Highland Health Board as a Rural Emergency Practitioner in September 2024. She was on sick leave from November 2024 to February 2025 and received one month's full sick pay. She claimed she was entitled to full sick pay for the entire absence based on her prior locum service counting as reckonable service under her Terms and Conditions and/or the NHS Superannuation Regulations 1980. The respondent argued that only employment service counted, not self-employment.
Decision
The tribunal dismissed the claim. It held that 'service' in the claimant's Terms and Conditions of Service meant employment under a contract of service, not self-employment or contracts for services. The claimant's prior self-employed locum work did not constitute reckonable service for sick pay purposes. The tribunal also rejected the alternative argument based on the 1980 Regulations, finding that they too required employment, not self-employment.
Practical note
When interpreting NHS consultant terms and conditions, 'service' means employment under a contract of service and does not include prior self-employed locum work, even where the individual paid into the NHS pension scheme during that period.
Legal authorities cited
Statutes
Case details
- Case number
- 8001050/2025
- Decision date
- 9 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- NHS Highland
- Sector
- —
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Rural Emergency Practitioner
- Service
- 5 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor