Could your self-employed contractor really be an employee?
Thursday 13th November 2025
In the recent case of Partnership of East London Co-operatives Ltd v Maclean, the Employment Appeal Tribunal (EAT) decided that a nurse who had been classified as self-employed was, in fact, both an employee and a worker, enabling her to file claims with the Employment Tribunal (ET).
Background
Ms Maclean (C), a qualified nurse, worked as a clinic streamer at the Partnership of East London Co-Operatives Ltd (R) urgent treatment centre, triaging patients.
R’s clinical streaming staff comprised of permanent employees, bank staff (who were also employees) and self-employed contractors. R considered C to be a contractor through her personal service company.
After leaving in March 2023, C filed ET claims against R for unfair dismissal, whistleblowing detriment, and holiday pay.
ET Decision
A preliminary hearing was held to determine C’s employment status. The ET held that C was both an employee and a worker of R, making her eligible to bring her claims.
R appealed to the EAT.
EAT Decision
The EAT confirmed that the contract was between R and C, not C’s service company. A written statement from C clarified that paying her company would discharge R’s obligation to her, and she defined the contract as one for work performed “as an individual nurse.”
However, the EAT held that the ET wrongly found mutuality of obligation between C and R. The contract neither guaranteed shifts to C nor required her to accept them; she chose shifts and was only obliged to work those assigned, which did not support employment status. The EAT considered the ET’s rejection of substitution insufficient, noting a pool of qualified nurses available to substitute for C.
Comment
This case highlights that Tribunals assess not only the express provisions of written contracts but also the practical realities of working arrangements when determining employment status.
Therefore, employers should make sure that any contracts accurately represent the actual working and day to day relationship.
If you require advice regarding the classification of individuals engaged in work within your organisation, please contact a member of our Employment team.
