NMC v Somerville Posted In: Case Law
Case ReferenceEWCA Civ 229
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionContracts of Employment
The claimant was appointed as a member and chair of the Fitness to Practice Committee for the respondent. This was under separate four-year terms in 2012 and 2016. Under the contracts, the respondent was able to provide reasonable notice of a committee hearing and the claimant then chose whether he could provide his services. The issue arising is that the claimant sought unpaid holiday pay arguing that he was a worker under the Working Time Regulations 1998.
The Tribunal, at first instance, found that there was an overarching contract which did not amount to a contract of employment. There was no obligation to offer work and no obligation to accept the
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