Community Based Care Health Ltd v Narayan [2019]
Decision Number: UKEAT/0162/18/JOJ Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 09/09/2019
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Appellant:
Community Based Care Health Ltd
Respondent:
Narayan
Summary

The EAT upheld that a long-serving GP paid through her limited company was a worker, not self-employed, based on the consistent work and personal contract with the practice.

Background

The claimant was a ‘duty doctor’ and worked regular shifts on a 12-week rota at a single medical practice.  This had been the case for approximately 12 years.  She was not obliged to accept any work offered, nor was the company obliged to provide any work.  She took holidays when she pleased.  She also worked as a locum through another agency.  As a result, she was paid from both roles but through a limited company.   She did not tell Community Based Care Health Ltd

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 09/09/2019