Gunny v Great Ormond Street Hospital for Children NHS Foundation Trust and Others: EAT 28 Feb 2018

EAT JURISDICTIONAL POINTS – Excluded employments
The appeal is dismissed. The Tribunal decided that the Claimant was not in employment in the extended sense. That conclusion was reached not just on the basis that the Claimant was party to a ‘group contract’ but on all the circumstances relevant to the issue. The main plank on which the Claimant’s appeal rests therefore falls away. There was no ‘lacuna’ in the legislation as suggested since the Tribunal did not conclude that any worker providing services through a group arrangement was thereby excluded from the protection of the Equality Act 2010. Whether or not an employee was entitled to the protection depended on whether she satisfied the requirements of the statute. On the facts of this case, the Claimant did not satisfy those requirements in that, as the Tribunal found, she was not employed under a contract personally to do work.

Citations:

[2018] UKEAT 0241 – 17 – 2802

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 24 April 2022; Ref: scu.618912