Somerville v Medical Practitioners Tribunal Service & Nursing and Midwifery Council Posted In: Case Law
Legal BodyEmployment Tribunal (ET)
Type of Claim / JurisdictionDiscrimination and Equality, Contracts of Employment, Pay and Conditions of Employment
The claimant, a barrister based in England, was a Tribunal Member for the first respondent and a Panel Chair for the second respondent. His work with the first respondent had ended in April 2018 and the work with the second respondent was ongoing. The contractual arrangement with both respondents labelled the claimant as an independent contractor. The basis of his claim was that he was either an employee or a worker under Section 230 of the Employment Rights Act 1996. It was on this basis that he was claiming unpaid holiday pay as well as an age discrimination claim against the first respondent.
On the nature of the relationship between the claimant and the
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