In person For the v Mr A Hockley, director — 2019

The respondent was an agency supplying locum doctors, and the claimant worked as a consultant psychiatrist at Royal Oldham Hospital from 25 September 2017 to 3 November 2017. Applying the Ready Mixed Concrete approach and Autoclenz, the tribunal found that he was a worker under s.230(3) ERA 1996 but not an employee under s.230(2). The booking documents and draft contract pointed to a limited-company arrangement, but the relationship that actually operated was direct between the claimant and the respondent, with personal service, timesheets and some oversight by the lead consultant.

Because the claimant was only a worker, the tribunal held that it had no Article 3 jurisdiction to hear the breach of contract claims. The claim about a joint IR35 assessment had already been struck out automatically after the claimant did not respond to the unless order by the extended deadline. The expense claim for accommodation and travel costs was dismissed: the claimant referred to a statement showing charges of 434.96, a payment of 100 and a balance of 69.78, but he did not produce receipts or clear proof that those sums were contractually payable.

The notice pay claim also failed. The tribunal found that it was reasonably practicable to bring it in time and that the amendment was made about 11 months late. On the facts, the claimant had himself given notice on 11 October 2017, the Trust and respondent understood the booking would end on 3 November 2017, and the tribunal did not accept that the respondent had failed to give the required notice.

On the wages claim, the tribunal held that there had been an unauthorised deduction because the claimant's wages were not paid when due. However, the full sums had already been paid by the time of the reserved judgment, and the tribunal found no attributable financial loss that made it appropriate to award compensation under s.24(2) ERA 1996. No monetary award was made.