1. Employment Status

The Court of Appeal held in the case The Hospital Medical Group Limited v Westwood that a person who was an integral part of a company when providing services as a surgeon was a ‘worker’, even though he was in business on his own account.

What does this mean?

The statutory definition of ‘worker’ excludes a person who provides services to a ‘client or customer’ of any profession or business carried on by him. However, where an individual is an integral part of a business they are likely to be classified as a worker.

What should employers do?

Employers who wish to avoid someone who works for them being considered an employee should take specific legal advice in the light of a number of recent cases. Workers do not have all the rights of employees but qualify for holidays and other rights.