Ms R Moon v Lancashire and South Cumbria NHS Foundation Trust PRELIMINARY HEARING — 2022

This was a preliminary hearing on whether Ms Moon had the status needed to pursue a public interest disclosure detriment claim under section 47B ERA 1996 and a victimisation claim under sections 27 and 39 Equality Act 2010. The respondent said she was an Associate Hospital Manager appointed under section 23(6) of the Mental Health Act 1983 and was neither an employee nor a worker. The Tribunal therefore addressed only employment status, not the merits of either substantive claim.

The Tribunal found that an agreement existed between Ms Moon and the Trust for her engagement as an Associate Hospital Manager. It relied on the application process, the honorary contract, the appointment letter, the training and appraisal material, the fee structure, wage slips, and the way the panel sitting arrangements operated in practice. It rejected the Trust's submission that section 23(6) of the Mental Health Act meant there could be no contract or intention to create legal relations, and held that the label 'honorary contract' did not determine the legal position.

On that basis, the Tribunal held that Ms Moon was a worker for the purposes of section 47B ERA 1996 and was also in employment under a contract personally to do work for the purposes of section 83(2)(a) Equality Act 2010. It found mutual obligations between the parties, including the Trust's obligation to offer sittings and pay fees when she accepted, and her own obligations relating to training, appraisal and minimum attendance. The Tribunal said section 23(6) of the Mental Health Act did not exclude worker or Equality Act protection, and it added that section 43K(1)(a) ERA 1996 might also apply if needed. The claim was therefore allowed to proceed to a final hearing.