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Employment Case Study

19-07-2017
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 is 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 appointments, please contact us for more information on 0116 212 1000 / 01858 445 480.”

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Coronavirus: It is ‘Business As Usual’ at Lawson-West

We’ve made plans to continue to deliver the best service during the pandemic and we’re committed to helping clients over the coming weeks and months.

From time to time, we will be posting updates about our business operational response to the implications of the virus on our website and on our social media pages on Facebook, Twitter and LinkedIn.

For now, you can be assured that we are ‘Open for Business’ and here to help you with your legal needs. You can email your regular contact at Lawson-West and we will respond, alternatively, email mail@lawson-west.co.uk or continue to browse our website at www.lawson-west.co.uk for more information about our services and how to contact us.

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

Lawson-West Directors

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