An out-of-hours GP was ruled a worker but had her claim for compensation dismissed, Pulse reports.
In the judgement for Dr Hannah Dahwa’s case, the judge ruled that she was a worker at the time she worked for the OOH service.
However, the tribunal judged that the claim, brought two years after the fact, came too late for the tribunal to consider, and that it was also too late for compensation.
Out of hours work is a common part of some GPs’ portfolio; for example Dr Dahwa had experience as a GP locum around the time she undertook OOH work, and also worked as a clinical director.
Dr Richard Fieldhouse, NASGP chair, said: “Dr Dahwa has gone above and beyond the call of duty, at great personal cost, to help shine light on the grey area between self-employed and worker or employee.
“Knowing that she could not benefit personally, she has shown that employers cannot cherrypick the advantages of hiring a GP as a salaried role, yet reimbursing them as self-employed. It has to be all of one, or all of the other.
“Out-of-hours services providers do an incredible job on a tight budget, and this new ruling will help them ensure they can treat their GPs fairly, helping them to recruit and retain the GPs they need.”