Claimant v Medilink Consulting Ltd
Outcome
Individual claims
The tribunal found that the claimant was paid all wages properly due under the contract. The contract contained clause 9.1 allowing termination without notice, which was validly exercised. The claimant was given nearly 2 weeks' notice that the assignment would end on 23 October 2024 and was paid for all hours worked from 23 September to 23 October 2024. The claimant's expectation of a 3-month assignment did not override the contractual right to terminate without notice.
Facts
Dr Kontozoglou, an experienced locum histopathology consultant based in Greece, was offered a 3-month assignment at Colchester Hospital through Medilink Consulting Ltd starting 23 September 2024 at £116.49 per hour. He relocated from Greece and signed a 3-month accommodation lease. However, the assignment was terminated after only one month on 23 October 2024, with the hospital citing concerns about reporting completion rates. The claimant sought compensation for the remaining 2 months of the anticipated assignment, accommodation costs, and travel expenses totalling £25,000.
Decision
The tribunal dismissed the claim for unlawful deduction of wages. The contract contained clause 9.1 allowing termination without notice, which was validly exercised. The claimant was paid all wages properly due for the period he worked (23 September to 23 October 2024). Although the claimant expected the assignment to last 3 months, his contractual entitlement did not guarantee this duration, and the tribunal had no jurisdiction to consider breach of contract or misrepresentation claims as he was a worker, not an employee.
Practical note
Agency worker contracts with termination-without-notice clauses will be enforced even where initial assignment periods are discussed, and tribunals lack jurisdiction to award damages for misrepresentation or breach of contract to workers who are not employees.
Legal authorities cited
Statutes
Case details
- Case number
- 6019420/2024
- Decision date
- 28 April 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
- Rep type
- self
Employment details
- Role
- Histopathology Consultant
- Service
- 1 months
Claimant representation
- Represented
- No