Ms L Clarke v Independent Clinical Services Group Limited — 2021

At the open preliminary hearing on 14 September 2021, the tribunal determined that Ms Clarke was a worker but not an employee of Independent Clinical Services Limited. It considered the April 2016 contract of engagement and the reality of the working relationship, referring to the authorities cited by the parties including Ready Mixed Concrete, Carmichael, Cotswold Development, Quashie, Clark, Hall and Uber.

The tribunal found that mutuality of obligation beyond individual shifts was absent. It accepted that the respondent was not obliged to provide work and did sometimes decline to offer shifts, while Ms Clarke was not obliged to accept work and could refuse shifts or notify holiday without needing approval. When she did not work as expected, the tribunal found there were no contractual consequences, and it held that there was no umbrella contract because there was no continuing mutuality or retainer between assignments.

On control and integration, the tribunal found that Ms Clarke arranged her own training, professional registration and indemnity insurance, and that the commissioning group and family dictated the care to be provided. Occasional team meetings and informal supervisions did not amount to employee-style control, and she was not part of the respondent's office-based workforce. The result was that the unfair dismissal, redundancy pay, notice-breach and TUPE consultation claims were dismissed for want of jurisdiction, the Agency Worker Regulations claim was dismissed on withdrawal, and the pregnancy/maternity discrimination claim was listed to proceed separately.