North West Anglia NHS Foundation Trust

Case Summary

The employment status of Mr David Johnson was determined to be that of an employee, allowing the Tribunal jurisdiction over his claim of automatic unfair dismissal.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •employment status of the Claimant
• •automatic unfair dismissal

1 of 8 EMPLOYMENT TRIBUNALS Claimant: Mr David Johnson Respondent: North West Anglia NHS Foundation Trust Heard at: Cambridge (by video, in public) On: 13 February 2025 Before: Employment Judge C H O’Rourke Appearances For the Claimant: Ms J Twomey - counsel For the Respondent: Ms C Jennings - counsel PRELIMINARY HEARING JUDGMENT The Claimant was an employee of the Respondent in the time period relevant to this claim. REASONS (Written reasons having been requested subject to Rule 62(3)) Background and Issues 1. The Claimant worked for the Respondent, as an orthopaedic surgeon, from 1 June 2023 to the termination of his contract, with effect 3 August 2023. 2. The Respondent considered him to be engaged as an agency worker and stated that due to ‘the (unspecified) serious nature of the allegations made against him.’, they were entitled to terminate his agency contract, on one week’s notice. 3. This public preliminary hearing was listed to determine the Claimant’s employment status and accordingly the Tribunal’s jurisdiction to hear his claim of automatic unfair dismissal. An earlier costs application made by the Respondent was withdrawn. 2 of 8 The Law 4. Section 230 of the Employment Rights Act 1996 (‘ERA’) provides that: (1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment. (2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing. 5. Both parties referred to a range of authorities, to which I shall refer, as I consider appropriate, below. The Evidence 6. I heard evidence from the Claimant and also from a Ms Stacey Mackereth, a staff service manager with the Respondent, both of whom provided witness statements. 7. The …