EAT Refuses to Grant a Legal Worker Status to a Dentist
The Employment Appeal Tribunal did not accept the claim of a dentist to grant him the status of an employee or a worker under law.
Dr Sultan-Darmon, had entered into ‘license agreement and contract for service’ with the Community Dental Centres Limited (CDC) to work as a dentist in the firm for a certain period. However, the claimant violated the terms of the contract, which had clearly outlined that he would work as an independent employee and is out of the purview of other facilities given to their employees. The claimant, however, argued that he was a worker and opposed the deduction in his wages.
The EAT in its judgment stated that the terms of the contract were very clear and could not be challenged. The claimant was given full due of his service, and most importantly, he was granted the right to choose a substitute on his behalf. As per the special provision given in the contract, if he is unable to come for duty for more than five days, he can employ another person to do his job but the payment of the substitute is his responsibility. However, Dr Darmon never used this facility, whereas, other contractual dentists did so.
Regular employees and workers do not get such facilities. Therefore, his demands are unjustified. The tribunal, however, held the opinion that such a contractual freedom is not good for workers. According to Blake Lapthorn, a law firm, the judgment was also applicable to the workers in the construction sector.
For anyone involved in human resources management, training and development, the Chartered Institute of Professional Development is the body to refer to. Organisations can keep up to date with employment relations developments with CIPD courses run by the trainers and consultants at Workplace Law, who have practical experience in the workplace, as well as sound legal knowledge to successfully help employers to set their own organisation’s policies and procedures in context and develop the skills needed in employment practice.
