Community Based Care Health Ltd v Narayan [2019]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Employment Status; Mutuality of Obligation

The claimant was a ‘duty doctor’ and worked regular shifts on a 12-week rota at a single medical practice.  This had been the case for approximately 12 years.  She was not obliged to accept any work offered, nor was the company obliged to provide any work.  She took holidays when she pleased.  She also worked as a locum through another agency.  As a result, she was paid from both roles but through a limited company.   She did not tell Community Based Care Health Ltd about the income going through a limited company, except for the fact she had given the limited company’s bank details for the purposes of payment. 

The ET held that as she had worked

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This article is correct at 09/09/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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