Gursimran Bains v Shrewsbury and Telford Hospital NHS Trust RECORD OF A PRELIMINARY HEARING — 2025

The Tribunal recorded that the only remaining complaint was constructive unfair dismissal against Shrewsbury and Telford Hospital NHS Trust. Earlier claims against individual respondents and previous discrimination complaints had been withdrawn. The preliminary issue was whether the Claimant was an employee or a worker for the purposes of the Employment Rights Act 1996.

The Tribunal found that the Claimant was a worker under s230(3)(b) of the Employment Rights Act 1996. It relied in particular on the absence of guaranteed work, the Claimant's ability to choose whether to accept shifts, the absence of mutuality of obligation, and terms relating to holiday, sick pay, and cover for shifts. It noted that references to employment or employee status in documents were not determinative.

Because the Claimant was found to be a worker rather than an employee, the Tribunal held that the unfair dismissal claim did not have reasonable prospects of success under Rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024. As it was the only remaining claim, it was struck out.