GPs Warned To Check They Have Employment Protection

Knowing whether an individual is an employee or a worker, or neither, is critical in respect of employment rights. In a recent case in the Employment Appeal Tribunal a GP (Dr Suhail) was found neither to be an employee or a worker. He was a GP providing services to the Rotherham Primary Care Trust (the PCT) through a cooperative. He brought a number of claims under employment protection law. It was noted that he worked as an out of hours GP for the PCT. Additionally he had signed a member's agreement with the Partnership of East London Cooperative. He was described in that agreement as a self-employed contractor, rendering invoices paid without deduction of tax and N.I. There was no obligation to provide work nor for him to accept assignments. Additionally he was providing services to other organisations providing out of hours services. It was relevant that he was not providing services exclusively. In fact, the organisations which paid him were not in the circumstances employers but clients or customers. He was therefore neither an employee nor a worker for employment law purposes. Mention was made in the case of Westwood, a case in which Dr Westwood was found to be a worker, although not an employee. However, in that case Dr Westwood had provided services exclusively to a particular organisation. The moral is to avoid an assumption of employment or worker protection, but to critically examine the basis on which services are provided by the individual. Many GPs and others in the healthcare industry will now be reviewing the basis of their contracts. For further information please contact Holly Dobson on 0114 2666660 or on [email protected]