Community Based Care Health Ltd v Narayan [2019]

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