CORONAVIRUS:   Lawson-West Solicitors is ‘Open for Business’ and here to help you with your legal needs.

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Employment Case Study

Employment Case Study

Lawson-West proved that an NHS Bank Healthcare Assistant working on a zero hours’ contract had been an employee though she had no obligation to accept work offered to her.

In Suleyman v. North Bristol NHS Trust  our client, a Bank Healthcare Assistant, was found to be an employee within the meaning of Section 230 of the Employment Rights Act 1996 even though the Tribunal recognised: i) the Healthcare Assistant had been under no obligation to accept any offer of work, and was not guaranteed a minimum amount of work; ii) the Respondent had no control, or influence over which of the eligible bank staff accepted any single assignment; iii) Bank Healthcare Assistants were permitted to work for any other organisation; and iv) the Claimant was also not engaged on an assignment for in excess of one week on six occasions.

Nicholas Bidnell-Edwards, the barrister instructed by Lawson-West, submitted that the necessary mutuality of obligations did exist on any particular assignment, and that the Claimant should be regarded as continuing in employment throughout each of the six occasions. Although continuity of service would ordinarily have been broken, there existed an arrangement or custom to maintain continuity of service under Section 212 of the Employment Rights Act 1996. Employment Judge Pirani accepted these submissions and the Claimant was therefore found to have been an employee.

Head of the Lawson-West Employment team, Vaishali Thakerar, comments: “Our expert Employment team are based at all three of our branches – in Leicester, Wigston and Market Harborough. We are able to see you wherever it is most convenient for you – this includes home visits where applicable.

We also offer no obligation drop in appointments, please contact us for more information on 0116 212 1000 / 01858 445 480.”

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Coronavirus:  We are pleased to announce we are Open for Business

Even during Leicester’s most recent, extended lockdown, you can be assured that it is ‘Business as Usual’ at Lawson-West and we're here to help you with your legal needs. 

We are driven by our commitment to help others. We are here. For you.

At this time, please contact us by telephone, website enquiry or email.
We’re here to help:

Leicester:
4 Dominus Way, Meridian Business Park, LE19 1RP           Tel: 0116 2121000

Wigston:
44 Long Street, Wigston, LE18 2AH                                              Tel: 0116 2121080

Market Harborough
Millers House, Roman Way,
Market Harborough, LE16 7PQ                                                        Tel: 01858 445480

Website:     www.lawson-west.co.uk

Email:           mail@lawson-west.co.uk

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