Claimant v Guy's and St Thomas' NHS Foundation Trust
Outcome
Individual claims
Claim failed for want of jurisdiction. Tribunal found claimant was not an employee but a worker engaged via the Trust's StaffBank on a temporary basis. Without employee status, claimant had no standing to bring unfair dismissal claim under s.94 ERA 1996.
Claim failed for want of jurisdiction as claimant was not an employee. Additionally, tribunal found that alleged protected disclosures were not in fact protected disclosures under s.103A ERA 1996 – they did not contain information tending to show a risk to health and safety.
Claimant failed to establish entitlement to higher rate of pay. As a StaffBank worker she was paid at the agreed Band rate with no incremental progression. No evidence substantiated difference claimed. Claim also out of time with no reason offered for delay.
Claim for Agency Workers Rights was withdrawn by claimant at outset of hearing and dismissed on withdrawal by tribunal.
Facts
Claimant worked for NHS Trust initially as permanent Band 4 Medical Secretary from Sept 2017, resigned March 2018, then worked three separate temporary assignments via Trust's internal StaffBank from July 2018 to Nov 2021. Final assignment at Sunshine House ran from Jan 2019 to Nov 2021 with flexible hours varying 0-5 shifts per week. Claimant raised concerns about delayed report sign-offs. Assignment ended Oct 2021, last working day 4 Nov 2021. Claimant argued she was employee under verbal contract formed via email exchanges; Trust argued she was StaffBank worker.
Decision
Tribunal found claimant was not an employee but a worker engaged via StaffBank on temporary assignments. No freestanding employment contract formed via email exchanges – language used ('random cover', 'short term assignments', 'odd days') indicated casual bank work not permanent employment. Reality of relationship showed no mutuality of obligation, no requirement for either party to offer/accept work beyond individual shifts, flexible working patterns inconsistent with employment. All claims dismissed for lack of jurisdiction or failure to establish entitlement.
Practical note
Informal email exchanges using casual language ('cover', 'odd days', 'random assignments') will not create an employment contract where the reality shows temporary bank working arrangements with no mutuality of obligation, even where the working relationship continues for an extended period.
Legal authorities cited
Statutes
Case details
- Case number
- 2301668/2022
- Decision date
- 16 May 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Band 4 Medical Secretary / Admin Medical Secretary
Claimant representation
- Represented
- No