Lancashire and South Cumbria NHS Foundation Trust

Case Summary

The employment tribunal concluded that Ms R Moon is a 'worker' for the purposes of the Employment Rights Act 1996 and the Equality Act 2010, allowing her claim to proceed to a final hearing.

• •employment status of the claimant as a worker under Employment Rights Act 1996 and Equality Act 2010

1 of 31 EMPLOYMENT TRIBUNALS Claimant: Ms R Moon Respondent: Lancashire and South Cumbria NHS Foundation Trust PRELIMINARY HEARING Heard at: Manchester (remote public hearing via CVP) On: 5 April 2022 Before: Judge Brian Doyle Appearances For the claimant: In person For the respondent: Dr E Morgan, Queen’s Counsel RESERVED JUDGMENT In relation to the respondent the claimant is a “worker” for the purposes of section 43K(1)(a) and/or section 230(3)(b) of the Employment Rights Act 1996 in respect of her complaint under section 47B of that Act and is also in employment under a contract personally to do work for the purposes of section 83(2)(a) of the Equality Act 2010 in respect of her complaint under sections 27 and 39 of that Act. Her claim may now proceed to a final hearing as listed. WRITTEN REASONS The claim and the preliminary issue 1. The claimant complains of public interest disclosure detriment contrary to section 47B of the Employment Rights Act 1996 and of victimisation contrary to sections 27 and 39 of the Equality Act 2010. 2 of 31 2. The claimant accepts that she is not an employee of the Trust in the sense that she accepts that she is not employed under a contract of employment by it. Her claim proceeds only on the basis that she asserts her status as a worker as defined in sections 43K(1) and 230(3) and (6) of the Employment Rights Act 1996; and on the basis that she is in employment under a contract personally to do work as defined in section 83(2)(a) of the Equality Act 2010. That status is not conceded by the respondent. 3. The determination of her employment status is the preliminary issue before this Tribunal. This results from a case management hearing on 18 January 2022 conducted by Employment Judge Shotter. The respondent’s position 4. The respondent’s pleaded positi…