Claimant v University Hospitals Sussex NHS Foundation Trust

Outcome

Facts

Claimant worked as a sonographer through an agency (Global Locums) from September 2020 to June 2023, paid via umbrella companies (Workr then Crest). From July 2023 to December 2023 he was engaged under a 'direct engagement' model where the Trust paid him directly but still via the agency arrangement. The claimant was integrated into the Trust's workforce, wore uniform, used NHS equipment and email, but worked on a series of shift bookings with no ongoing obligation on either side to offer or accept work.

Decision

The Tribunal found the claimant was not an employee or worker during the agency period (Sept 2020 - June 2023) because there was no contract between him and the Trust — the tripartite agency arrangements adequately explained the relationships and it was not necessary to imply a contract. During the direct engagement period (July 2023 - Dec 2023), the Tribunal accepted the Trust's concession that he was a worker (ERA) and employee (EqA), but found he was not an employee (ERA) due to lack of mutuality of obligation.

Practical note

Legal authorities cited