Nursing & Midwifery Council v Somerville [2021]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time, Pay, Leave
Issues covered: Employment Status; Holiday Pay; Tribunal Appeal

The NMC appealed against the ET’s decision that the claimant, a panel member Chair of their Fitness to Practice Committee was a worker rather than being self-employed. This related to a claim for statutory holiday pay. The decision of the ET was that there was a series of individual contracts between the claimant and respondent when the claimant agreed to sit on a hearing. Aside from this there was an overarching contract relating to the provision of the claimant’s services as a panel member chair.   

The NMC challenged the decision on a number of grounds. The first was that there was an absence of mutuality of obligation and the absence of an irreducible minimum of

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This article is correct at 03/06/2021

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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