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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47915
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I am an 'Assistant GP' working a fixed number of sessions

Customer Question

Hi,
I am an 'Assistant GP' working a fixed number of sessions for the past 3.5 years at an NHS GP practice. Do I have the same employment rights as an employee? Of note, I have never been issued an employment contract by my employers in 3.5 years despite numerous requests and I am paid on a locum GP basis and pay my own tax. However, the practice provides all the medical equipment (Or 'tools') I need to complete my work and I am expected to complete non-locum GP related administrative tasks like QOF (Quality Outcome Framework) & to attend weekly multi-disciplinary team (MDT) practice meetings where senior management decisions are made which are normally the duties of salaried or partnered GPs.
BW
Mark Bonar
*****@******.***
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you effectively working as a locum?
JACUSTOMER-hkybqwyz- : Yes I am but I am working fixed sessions on long term basis and asked to engage in non-locum work usually reserved for salaried or partnered GPs.
Ben Jones :

You will only have the same rights as employees if your employment status is actually one of an employee. Just because you have worked there for some time or do fixed hours does not make you an employee and there are further factors that need to be considered.

In fact, establishing your employment status is not an easy task and there is no single test that can be used. It is usually irrelevant what a person is labelled as by their employer because their status would depend on the overall employment relationship, not on what they referred as.

Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.

The tests that are most commonly used can be found here:

http://www.hmrc.gov.uk/employment-status/index.htm#1

By following the link and answering the questions you may get a good idea of what your employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer. They are nevertheless useful to use in negotiations with the employer.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-hkybqwyz- : The definition of an Assitant GP is an employed or salaried GP with a view to partnership. I was offered a verbal contract to work a fixed number of sessions on a long term basis. I am also an integral part of the practice and involved in QOF and administration. They provided all the medical equipment for me to complete my job. They are not my 'client' and I do not work at any another NHS practices. As far as I am concerned I am not a locum GP who deputises on a temporary basis. Do you think I have a case?
Ben Jones :

What rights are you hoping to pursue as an employee?