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In the case of Community Dental Centres Ltd v Sultan-Darmon, the EAT has held that the right to substitute a replacement is fatal to worker status.
The Claimant, was a dentist and brought an unlawful deduction of wages claim against the Practice.
It was accepted that he was not an employee, but the Tribunal at first instance held that he was a worker.
On appeal however, the EAT held that the Claimant could not be a worker because he was entitled to substitute a replacement under the terms of his contract and as such, he was not obliged to perform personally any work or services within the meaning of section 230 (3) of the Employment Rights Act 1996. The claim was dismissed accordingly.
It was accepted that he was not an employee, but the Tribunal at first instance held that he was a worker.
On appeal however, the EAT held that the Claimant could not be a worker because he was entitled to substitute a replacement under the terms of his contract and as such, he was not obliged to perform personally any work or services within the meaning of section 230 (3) of the Employment Rights Act 1996. The claim was dismissed accordingly.
