Unlawful Deduction from Wages

The Claimant (who was a dentist) entered into a contract to provide dental services for the Respondent.  The Employment Tribunal found that he was not an “employee” within the meaning of section 230(3) of the Employment Rights Act 1996 but that he was a “worker” within the meaning of that provision.  The Respondent appealed.
The EAT held (allowing the appeal):-
The Claimant was not a “worker” as he did not “undertake to do or perform personally any work or services” as required by section 230(3) because there was no obligation on the Claimant to do work as he could delegate his duties.