Simon McCrossan Successfully Acts in Significant Dental Associate Worker Status Ruling
We are pleased to share a successful result for Simon McCrossan who, after a multi-day hearing, successfully established that a dentist engaged under a BDA-style associate agreement was a “worker” within section 230(3)(b) of the Employment Rights Act 1996 and in “employment” for the purposes of section 83(2)(a) of the Equality Act 2010.
The Tribunal did not find that the Claimant was an employee; it rejected the Respondent’s case that she was simply self-employed and had no worker status. The ruling enables Equality Act and statutory worker claims to proceed to determination on their merits.
The judgment provides a useful reminder that contractual labels and self-employed tax treatment are not determinative. The Tribunal examined the practical reality of the relationship, including personal service, the restricted right of substitution, organisational control, dependence and integration within the dental practice.
Simon was instructed by Rhys Whyborn at Shakespeare Martineau.
Read the judgment / link to decision here.
