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Worker status does not require minimum obligation on both parties (Nursing and Midwifery Council v Somerville)

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Published on: 18 May 2021

Published by a LexisNexis Employment expert

Table of contents

What are the practical implications of this judgment?
What is the relevant background?
Background law
Background facts
The decision of the employment tribunal
What did the EAT decide?
Case details

Article summary

Employment analysis: When considering whether an individual has the status of a ‘worker’ for the purpose of various statutory rights, eg to holiday pay, there is no need for there to be an irreducible minimum of obligation on both parties, ie for there to be an obligation on a putative worker to accept and perform some minimum amount of work and an obligation on the putative employer to offer some work and/or pay for the same, according to the EAT.

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