ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104280/2023 Hearing by Cloud Video Platform at Edinburgh on December 2023 Employment Judge: M A Macleod Jennifer Loy v Community Integrated Care — 2023

The tribunal found that the central issue was the claimant’s status after 1 April 2023. It held that, after raising the possibility of “going Bank” because she could not work Fridays, the claimant agreed both verbally and in writing to move from her full-time contract to bank work. The tribunal found that a signed bank contract was not a condition of that change taking effect.

On that basis, the tribunal found that from 1 April 2023 the claimant was a bank worker rather than an employee, with no mutuality of obligation: the respondent was not obliged to offer shifts and the claimant was not obliged to accept them. The tribunal did not accept that the claimant had been forced or pressured into the change, noting that she had been offered the option of making a flexible working request and only submitted that request several weeks later.

The tribunal therefore dismissed the claims for notice pay, pay for shifts the claimant said she should have been offered, and holiday pay. It found that a bank worker was only entitled to pay for shifts actually worked, that the claimant did not work after moving to the bank, and that the payslips showed holiday pay had been paid so no unlawful deduction was proved.