Fitness to Practice Committee Panel Member was a worker


Re: Nursing and Midwifery Council v Somerville UKEAT/0258/20/RN

The EAT held that mutuality of obligations, in the sense of an obligation to accept and perform some minimum amount of work, is not a prerequisite for worker status. Accordingly, the EAT upheld the ET’s finding that Mr Somerville, a panel member chair of its Fitness to Practice Committee, was a worker within the meaning of section 230(3)(b) Employment Rights Act 1996  and regulation 2(1) Working Time Regulations 1998.