Claimant v Cardiff and Vale University Local Health Board

Outcome

Facts

The claimant was a GP who worked ad hoc out-of-hours shifts for the respondent NHS health board from June 2020 to September 2021 under a 'GP Consultancy Agreement'. She was paid hourly via PAYE but received no holiday pay. Her last shift was 18 September 2021. The respondent gave notice terminating all such agreements effective 1 November 2023. The claimant brought claims for unpaid accrued holiday pay in December 2023, arguing she was a worker throughout. A key issue was when her contract terminated and whether her claims were in time.

Decision

The tribunal found the claimant was a worker under s.230(3)(b) ERA 1996 during booked shifts only, not under an overarching contract. Each shift was a separate short-term contract. Her entitlement to holiday pay crystallised after her last shift on 18 September 2021. Both claims were out of time: the unlawful deduction claim was barred by the two-year backstop in s.23(4A); the WTR claim was beyond the three-month limit and it was reasonably practicable to claim earlier (she had been paid holiday pay for locum work in October 2021 so was on notice). All claims dismissed for lack of jurisdiction.

Practical note

Legal authorities cited