V Venciuviene v The Queen Elizabeth Hospital King’s Lynn NHS Foundation Trust: 3312999/2022
[1]The Tribunal determines that the Claimant was not an employee of the Respondent but instead was engaged by it as a ‘limb (b) worker’, namely a worker within the meaning in s.230(2)(b) of the Employment Rights Act 1996.[2]In the circumstances, the Tribunal has no jurisdiction to consider the Claimant’s claims of Unfair Dismissal, for a Redundancy Payment, or for Breach of Contract in relation to the failure to pay notice pay, since she is not entitled to bring them if she was not an employee.[3]The claims are therefore dismissed. 24 May 2023 _____________________________ Employment Judge L Brown Sent to the parties on: 11 June 2023 GDJ For the Tribunal Office