Suhail v Barking Havering & Redbridge University Hospitals NHS Trust and another

Employment – 'Worker'. The appellant was a doctor whose services were provided to the first respondent NHS Trust, through the second respondent. He brought a number of claims before an employment tribunal (the tribunal), including claims for racial discrimination and detrimental treatment due to 'whistleblowing'. The tribunal found that the appellant was not an employee or 'worker' for the purposes of s 230 (3) of the Employment Rights Act 1996. The Employment Appeal Tribunal (the EAT), dismissing the appellant's appeal, held that the tribunal had been entitled to find hat the appellant was, in fact, a 'client or customer' for the purposes of s 230(3)(b) of the Act, as the appellant was free to work as and when he wanted, and the work undertaken for the respondents was not exclusive. The EAT further held that the appellantt had implicitly abandoned his argument under s 43K(1)(a) of the Act, by not pursuing the argument against the respondents.

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