Claimant v Tameside and Glossop Integrated Care NHS Foundation Trust

The tribunal found that the claimant was not an employee within the meaning of section 230 of the Employment Rights Act 1996. Without employee status, the claimant cannot bring an ordinary unfair dismissal claim under section 98 ERA 1996.

The claim for automatic unfair dismissal under section 101A ERA 1996 (health and safety detriment) failed. The tribunal found the claimant was not an employee and therefore could not succeed in this claim.

The automatic unfair dismissal claim under section 103A ERA 1996 (whistleblowing) was unsuccessful. The tribunal determined the claimant lacked employee status, which is a prerequisite for this claim.

The claim for automatic unfair dismissal under section 104 ERA 1996 (assertion of statutory right) failed. The claimant's lack of employee status under section 230 ERA 1996 meant this claim could not succeed.

The wrongful dismissal claim was unsuccessful and dismissed. The tribunal found the claimant was not an employee, which was fatal to this contractual claim for breach of the employment contract.