Gunny v Great Ormand Street Hospital for Children NHS Foundation Trust and others

Employment – Sex discrimination. The appellant was a consultant neuroradiologist employed by the first respondent, Great Ormond Street Hospital for Children NHS Trust. She also undertook private work for other hospitals and was part of a group of consultant neuroradiologists that provided services to the second respondent, HCA International (HCA,) under a series of agreements. Following the termination of one such agreement, the appellant contended that a new agreement had been formed comprising, either male doctors, or female doctors without children and that, as a female doctor with children, she had been unlawfully excluded from the group. The appellant brought claims alleging, among other things, unlawful sex discrimination. At a preliminary hearing, the employment tribunal (ET) determined, as a preliminary issue, that the appellant and her colleague were not employees of HCA, for the purposes of s 83(2)(a) of the Equality Act 2010. That conclusion had been reached, not only on the ground that the appellant had been a party to a 'group contract', but on all the relevant circumstances. The Employment Appeal Tribunal, in dismissing the appellant's appeal, held that there was no 'lacuna' in the legislation, as contended, since the ET had not concluded that any worker providing services through a group arrangement was, thereby, excluded from the protection of the Act. It ruled that whether or not an employee was entitled to the protection depended on whether she satisfied the requirements of the statute and that, on the facts of the case, the appellant had not satisfied those requirements since, as the ET had found, she had not been employed under a contract personally to do work.

Category: