The claimant is a dentist. The claimant contended that he was a worker and so entitled to holiday pay. The parties accepted the claimant had entered into a contract with the respondent whereby he undertook to do or perform personally work or services for the respondent. The employment tribunal concluded that the claimant was self-employed and so was not a worker. The employment tribunal erred in law by failing properly to analyse whether the claimant fell outside the definition of a worker because he (1) carried on a profession or business undertaking in respect of which (2) the respondent was by virtue of the contract a client or customer.
His Honour Judge James Tayler
[2021] UKEAT 2020-000023
Bailii
England and Wales
Employment
Updated: 25 December 2021; Ref: scu.670147