The decision concerning Uber drivers grabbed the headlines recently when the Employment Tribunal held that Uber drivers were not self-employed but instead were ‘workers’ entitled to national minimum wage, paid annual leave and whistle blowing protection.
Less well publicised but equally significant was a case of the Employment Appeal Tribunal in the summer which held that a nurse employed by an employment agency and supplied to the University Hospital in Bristol was simultaneously an ‘employee’ of the agency and a ‘worker’ for the hospital. The result was that she could bring a claim against the hospital in respect of a whistle blowing claim. This went against conventional wisdom which was that the hospital would be shielded from all employment related liabilities as it was the ‘end user’.
It should be noted that although there were separate contracts in place between (1) the agency and the nurse and (2) the agency and the hospital, this did not prevent her being a worker for the hospital.
These tribunal cases will cause many organisations to review their ‘self-employed’ arrangements with staff and for employment agencies to re-visit their terms and conditions (and insurance protection) to see what indemnities they may have given to clients in respect of employment related claims by agency workers.
If you are looking for employment solicitors or require advice interpreting your existing arrangements or a review of your legal documentation please contact Glyn Evans on 01934 637911 or evans@powellslaw.com
