EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001685/2024 Held in Aberdeen via Cloud Video Platform (CVP) on March 2025 Employment Judge W A Meiklejohn Dr A Fragoyannis v Represented by:10 Mr A MacMillan - Counsel AMG Scot Ltd — 2024

This was an open preliminary hearing on 17 March 2025 before Employment Judge W A Meiklejohn. The only issue determined was whether Dr Fragoyannis was a worker within section 230(3)(b) ERA 1996 during three periods of locum work for AMG Scot Ltd. A closed preliminary hearing on 8 January 2025 had recorded complaints of breach of contract, notice pay and accrued annual leave, but those substantive claims were not determined at this hearing.

For 1 November 2022 to 31 October 2023, and again for 1 November 2023 to 31 December 2023, the tribunal found that the parties had a contract for the claimant to work as a locum GP, that he undertook to perform the work personally, and that the respondent was not acting as his client or customer. The written terms describing him as self-employed were not conclusive. On that basis, the claimant was a worker during both of those periods.

For 1 January 2024 to 26 September 2024, the tribunal found that the arrangement had changed. The claimant provided his availability month by month, the respondent allocated sessions within those dates, and he could decline work offered to him. The tribunal held that there was no mutuality of obligation and therefore no contract during that period, so he was not a worker then. No monetary remedy was awarded because the hearing was limited to status.