Mr G Westoby v Represented by: J Hamlett - Advisor PAM Wellbeing Ltd — 2018

This was a preliminary hearing on employment status. Mr G Westoby, a qualified counsellor who ran his own practice, WOSCAP, challenged the respondent's position that he was engaged as an Associate Counsellor under a contract for services. The tribunal heard evidence about the written Associate Contract, the way night-shift cover was arranged, and the practical arrangements for referral calls, invoicing, and substitution.

The tribunal found that the relationship operated in line with the Associate Contract and reflected self-employed contractor status rather than employment. Mr Westoby chose when to volunteer for shifts, could arrange substitutions, worked from his own home or another suitable location, had no minimum hours, and was paid a retainer plus a fixed amount per call on invoicing. The tribunal found that the respondent's operational protocols, including triage by an on-site nurse and limited call-handling guidance, did not amount to the level of control required for employee or worker status.

Applying the authorities it cited, including Ready Mixed Concrete, Autoclenz, Cotswold, Bates van Winkelhof and Pimlico Plumbers, the tribunal held that Mr Westoby was not an employee under section 230(1) ERA 1996, not a worker under section 230(3) ERA 1996, and not a worker under section 54 of the National Minimum Wage Act 1998. The judgment therefore concluded that his status in relation to the respondent was that of a self-employed contractor. No monetary award was made in this judgment.