EAT Jurisdictional Points: Worker, Employee or Neither – Whether a GP, whose services were provided to the Trust through a Cooperative, was a worker under section 230(3)(b) Employment Rights Act 1996. The Employment Tribunal was entitled to find that he was not.
Whether the Claimant had abandoned an argument that he was a worker under section 43K(1)(a) Employment Rights Act 1996. Against the Second Respondent he had expressly and against the First Respondent Trust he had implicitly by not pursuing it below (see Mensah v East Hertfordshire NHS Trust  IRLR 531).
Observations made as to employment status under section 83(2) Equality Act 2010, an issue which did not strictly arise in this appeal.
Peter Clark HHJ
 UKEAT 0536 – 13 – 1106
England and Wales
Updated: 01 January 2022; Ref: scu.549018