St Helens Rota Ltd

Case Summary

The claimant, a GP, claimed unpaid holiday pay for work performed as a non-salaried out-of-hours GP for St Helens Rota Ltd from January 2005 to May 2025. The tribunal determined that the claimant was not a worker within the statutory definition because the relationship was based on the absence of mutual obligation; neither party was obliged to offer or accept work, and the claimant was free to cease work without notice as part of a portfolio business. The claim was dismissed.

The tribunal found that the claimant was not a worker because the relationship lacked mutual obligation—the respondent had no obligation to offer work and the claimant had no obligation to accept it. The claimant was running a portfolio business enterprise with the respondent as a client, rather than working under a contract of employment or worker contract, as she was free to cease work without notice and worked for multiple employers on terms that suited her.

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• •Worker status under Section 230(3) of the Employment Rights Act 1996
• •Whether the claimant was a worker or self-employed conducting a personal business enterprise
• •Absence of mutual obligation between the parties
• •Portfolio career and right to work for multiple employers
• •Lack of written contract and oral agreement terms
• •Right to refuse shifts without notice or obligation

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