The Cash Trio

In a petition filed by a dentist, the EAT has been asked to clearly rule about the status of a worker and a contractor. Dr Sultan-Darmon, a dentist entered into a contract with Community Dental Centers to provide dental services.

Though the terms of contract clearly specified that the status of the dentist was that of a self employed independent contractor, Dr Darmon argued that he was a worker. He claimed that he was entitled to file a claim for unlawful deductions from his wages.

The Community Dental Centre argued that he was a self employed sub-contractor and was not entitle to any claims that were applicable to workers. The Employment Appeal Tribunal heard the case and examined the said contract thoroughly. It was clear that the terms and conditions accepted by the dentist were befitting a contractor only.

One of the clauses of acceptance included a suitable substitute as appointed by the dentist in case of any urgent absence. The provision was clear that substitutes could be appointed and clearly this would not hold good with a permanent worker or an employee. It was also a clear reiteration that the dentist was clearly an independent contractor.

The Employment Appeal Tribunal also observed that it was an unfettered right of substitution in a contract for the independent contractor. This was definitely not in tandem with a worker status.

According to law firm Blake Lapthorn, the ruling was significant not only to this case but also relevant to workers in the construction industry that utilizes the services of a large number of contractors.

The dentist’s claim lay in his non-utilization of the services of a substitute when he was unable to provide services due to any reason. Though he had not called on anybody in lieu of his services, he had definitely accepted the terms of the clause in the agreement when he signed on it.

The EAT therefore held that his status was that of an independent contractor only and not a worker.

For anyone involved in human resources management, training and development, a Certificate in HR Practice (CHRP), provides a firm foundation in all the areas of personnel and gain a broad grasp of employment law to successfully help employers to set their own organisation’s policies and procedures in context and to develop the skills needed in employment practice.