Clinical Programme Lead unfairly dismissed after seven years as 'self-employed'
A Clinical Programme Lead who worked for the NHS for seven years under successive 'contract for services' agreements has been found to be an employee and unfairly dismissed in a redundancy restructure. She was awarded £25,000.
1 min read · Last updated 18 May 2026
Case details
- #employment-status
- #clinical-lead
- #reorganisation
- #contract-for-services
- #mutuality-of-obligation
- #control-test
- #autoclenz
Key facts
- Dr Cottam worked as a Clinical Programme Lead for the NHS from 2014 under successive contracts described as 'contracts for services'.
- The tribunal found that despite the contractual labels, the reality was an employment relationship from 2014.
- The Respondent restructured in 2020-2021, classifying Clinical Leads into employed (Group A) and non-employed (Group B); Dr Cottam was placed in Group B.
- Dr Cottam's engagement was terminated on 31 May 2021, but she was immediately re-engaged as a Clinical Director under an employment contract.
- The tribunal held that there was no genuine redundancy situation and the dismissal was unfair.
Timeline
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Appointment as Clinical Programme Lead
Dr Cottam appointed for six months, working one session per week, paid £14,400 per annum.
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Extension to March 2016
Contract extended; letter mentions annual leave assumption.
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Extension to March 2017
Extension letter refers to 'terms and conditions of your employment'.
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Extension to June 2017
Contract described as 'contract for services' with unpaid leave entitlement.
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Extension to June 2019
Role expanded to 'Clinical Programme Lead Planned Care and Sustainability'; four sessions per week.
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Sick leave with cancer
Dr Cottam was sick for an extended period; Respondent continued to pay her fee.
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New Clinical Lead role
Dr Cottam appointed to a Clinical Lead role after a reduction in posts from seven to five.
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Consultation on restructure
Consultation process for new Clinical Leadership model began; Dr Cottam placed in Group B (non-employed).
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Appeal allocation to Group B
Dr Cottam appealed her Group B allocation after a pensions manager suggested she was an employee.
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Notice of termination
Respondent gave notice to end Dr Cottam's engagement on 31 May 2021.
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Re-engagement as Clinical Director
Dr Cottam started as Clinical Director under an employment contract for 15 hours per week.
The legal issue
The tribunal had to decide whether the claimant was an employee from 2014 or 2017, and if so, whether her dismissal on 31 May 2021 was unfair and whether she was entitled to a redundancy payment.
The outcome
The tribunal decided that the claimant was an employee from 2014 and that her dismissal was unfair.
The key reason was that the respondent's restructure did not create a genuine redundancy situation. The claimant was placed in a 'non-employed' group and her engagement was terminated, but she was immediately re-engaged as a Clinical Director under an employment contract.
Compensation breakdown:
- Basic award: £5,712
- Compensatory award: £19,288
- Total: £25,000
Lessons & takeaways
- If you work under a series of fixed-term contracts that look like employment in practice, you may be an employee regardless of what your contract says.
- Employers cannot avoid employment rights by labelling a worker as self-employed when the reality is a relationship of control and mutuality of obligation.
- A restructure that simply re-engages the same person in a similar role is unlikely to be a genuine redundancy situation.
- Keep records of how your work is managed – evidence of control and integration can be crucial in establishing employment status.
What this case shows in practice
This case highlights the gap between contractual labels and the reality of working relationships. The claimant worked for the NHS for seven years, initially as a Clinical Programme Lead, under agreements that said she was self-employed. In practice, she had a manager, attended meetings, provided regular reports, and was paid monthly. When the NHS restructured, it classified her as 'non-employed' and terminated her engagement – only to re-engage her immediately as a Clinical Director under an employment contract.
The tribunal looked beyond the paperwork. It found that from the start, there was mutuality of obligation – the NHS was obliged to pay her and she was obliged to work – and sufficient control to create an employment relationship. The fact that the NHS continued to pay her during sick leave and referred to 'annual leave' in correspondence were strong indicators of employment.
What the losing side could have done differently
The NHS could have avoided this outcome by properly assessing the claimant's employment status before the restructure. Instead, it relied on the contractual label and placed her in a 'non-employed' group without considering the reality of her day-to-day work. When the claimant appealed her classification, the NHS did not properly investigate. A fair process would have involved a genuine consultation and a proper application of the legal tests for employment status.
Why this result matters for similar claims
This decision is a reminder that employment status is determined by the facts, not the contract. For workers in the gig economy or on fixed-term contracts, it shows that long service, integration into the organisation, and a pattern of continuous work can tip the balance towards employee status. For employers, it underscores the risk of treating long-term workers as self-employed and then dismissing them without following a fair procedure.
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