The appellant appealed against a decision that the respondent was a worker for the purposes of the Employment Rights Act 1996 s.230(3)(b). This involved the Court of Appeal in determining whether an individual is a 'worker' for these purposes. The appellant operated cosmetic surgery clinics and had engaged the respondent to carry out hair transplant procedures on their clients using their premises on Saturday mornings. The respondent also worked as a general practitioner in a GP practice.

The parties entered into an agreement which stated that the respondent was a self-employed independent contractor. He was paid a fee calculated by reference to the number of procedures carried out. After the appellant terminated their agreement, the respondent brought claims for