Chapter ESM7190
Published date | 07 March 2016 |
Record Number | ESM7190 |
Court | HM Revenue & Customs |
- pay at the rate of £10,700 p.a.
- maximum hours – 37.5 per week
- employment on a day-to-day basis with no guarantee of work
- bank nurses are “casual staff working irregularly at the request of the Authority”
- no entitlement to emergency duty payments
- employment subject to policies and procedures of the Health Authority
- membership of the NHS superannuation scheme
- an express grievance procedure with specific provisions on dismissal
-
encouragement to join a trade unionIncluded in the additional facts found by the Industrial Tribunal chairman were the following:
- bank nurses would be offered work as and when a temporary vacancy occurred and could be asked to fill any vacancy for which they were qualified
- no entitlement to any pay when she did not work
- no entitlement to holiday pay or sick leave
- no obligation on Mrs Clark to accept work and no obligation on the Authority to offer her work.
The case was remitted to the Industrial Tribunal to consider whether at the relevant time there existed a specific engagement, which amounted to a contract of service.
CommentaryThis is another case concerned with the concept of mutuality of obligation.It reinforces the view taken by earlier courts [Airfix (see ESM7060), Nethermere (see ESM7110), McMeechan...
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