(sitting alone) Mrs S Carmichael v Pilton Community Health Project — 2017

This was a preliminary hearing to decide whether Mrs Carmichael had employee status before 1 June 2015 and therefore enough qualifying service to pursue her constructive dismissal claim. The tribunal accepted that the Respondent conceded employee status from 1 June 2015, but it held that before that date she was engaged under a contract for services rather than a contract of employment. It found that the contractual documents on the Respondent's system, including the 2006 and 2010 contracts, were likely to govern the relationship before June 2015.

Applying the employee-status factors drawn from the authorities, including Ready Mixed Concrete, the tribunal accepted that Mrs Carmichael personally performed the counselling work, but it found the wider picture pointed away from employment before June 2015. She invoiced the Respondent for sessions worked, arranged her own tax and national insurance affairs, was not paid for holidays or sick leave, could take time off without seeking approval, and was free to work for others, which she in fact did. The tribunal also found limited control: she did not have formal management supervision, a PCHP email address or a computer login before June 2015, and attendance at team meetings and training was optional rather than mandatory.

The tribunal recorded that the position changed from 1 June 2015, when she was issued with a Statement of Particulars, paid a salary through PAYE, given paid leave, sick pay and pension rights, and brought into the Respondent's internal systems and supervision arrangements. Because her employment ended on 10 May 2016, the tribunal concluded that she did not have the necessary two years' continuous employment to bring a claim for unfair dismissal. No remedy was awarded.