Nursing & Midwifery Council v Somerville [2021]

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