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Out-of-hours GP providing services through limited company was a worker (EAT)

September 2, 2019

 The EAT has held that a GP registered with CBCH, a company providing out-of-hours services to the NHS, was a worker.

An employment judge had ruled that the doctor was a worker despite the fact that she was paid through a limited company (without CBCH's knowledge). The judge noted the main features of the GP's role, including that she had worked regular shifts for around 12 years, but that there was no mutuality of obligation; she did not need permission to perform work outside CBCH's activities; she provided her own medical equipment and indemnity insurance; and she was required to work personally for the provider and could not send a substitute of her choice. The NHS contract for out-of-hours service providers required providers to ensure that the doctors discharging the services were competent and properly qualified. CBCH therefore had to audit the services provided by the GPs on its books.

Case: Community Based Care Health Ltd v Narayan UKEAT/0162/18 (2 September 2019) (Kerr J).

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