Claimant v Shrewsbury and Telford Hospital NHS Trust
Outcome
Individual claims
The tribunal determined that the claimant was a worker under s230(3)(b) ERA 1996, not an employee, because she could pick and choose shifts, had no guarantee of work, and there was no mutuality of obligation. Without employee status, she had no right to claim unfair dismissal, so the claim was struck out under Rule 38(1)(a) for having no reasonable prospects of success.
Facts
Dr Bains worked as a locum Oral and Maxillofacial Senior House Officer from September 2019 under a 'Medical Bank' arrangement after completing her training. She claimed constructive unfair dismissal on 9 February 2024. She had signed a Medical Bank contract in December 2019 stating there was no guarantee of work and no obligation to accept shifts. She argued she was an employee, relying on references to 'employment' in documentation, pension records, and payslips. The respondent argued she was a bank worker with no mutuality of obligation.
Decision
The tribunal held that Dr Bains was a worker under s230(3)(b) ERA 1996, not an employee, because she could choose which shifts to work with no guarantee of work and no mutuality of obligation. She was not entitled to annual leave or sick pay and could arrange her own cover. The misleading references to 'employment' in documents did not reflect the reality of the relationship. Without employee status, she had no right to claim unfair dismissal, and the claim was struck out.
Practical note
Even where documentation contains language suggesting employment, tribunals will look to the reality of the relationship: the ability to pick and choose shifts with no mutuality of obligation indicates worker, not employee, status.
Legal authorities cited
Statutes
Case details
- Case number
- 1302699/2024
- Decision date
- 15 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Oral and Maxillofacial Senior House Officer
- Service
- 4 years
Claimant representation
- Represented
- No