Claimant v Nursing and Midwifery Council
Outcome
Individual claims
This preliminary hearing only determined the scope of the previous worker status judgment. The tribunal held that the claimant's worker status applied to all his work as a Panel Chair including both fitness to practise hearings and registration appeal hearings. The substantive holiday pay claim remains to be determined at a future hearing.
Facts
The claimant worked as a Panel Chair for the respondent regulatory body, chairing both fitness to practise hearings and registration appeal hearings. A previous tribunal in 2020 had determined he was a worker. The respondent now sought to argue that worker status only applied to fitness to practise work and not registration appeals, in order to argue holiday pay claims were out of time. The claimant chaired registration appeals from March 2015 until December 2019. Both types of hearing involved the same payment arrangements, training, and appointment processes.
Decision
The tribunal held that the previous worker status judgment covered all the claimant's work as a Panel Chair for the respondent, including both fitness to practise and registration appeal hearings. The respondent had not raised any distinction between the two types of work at the original status hearing and it was too late to do so now. The claimant could therefore pursue holiday pay claims in relation to all his Panel Chair work.
Practical note
Respondents must raise all relevant distinctions between different aspects of a claimant's work at the worker status hearing; they cannot later seek to carve out certain work to defeat claims on limitation grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 2413617/2018
- Decision date
- 9 April 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Nursing and Midwifery Council
- Sector
- regulator
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Panel Chair
Claimant representation
- Represented
- No