NMC v Somerville [2022]

Posted In: Case Law
  • Case Reference
    EWCA Civ 229
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Employment Status; Irreducible Minimum of Obligation

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 03/03/2022

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 jasondelliott@outlook.com

View all articles by Jason Elliott BL