Tim was originally instructed to represent The British Psychological Society at a Preliminary Hearing to determine whether Dr MacLennan, a charity trustee,  was a ‘worker’ or should be treated as one, for the purpose of his claims of whistleblowing detriment. The Employment Tribunal found that the Claimant was not a worker and the decision was appealed. Tim was again instructed to represent the Respondent at the appeal.

In a significant Judgement, the Employment Appeal Tribunal upheld the decision of the Employment Tribunal that there was no intention to enter into a contractual relationship. It was found that the Employment Tribunal had erred in its assessment of whether the Claimant should be treated as a worker, despite the absence of a contract, by application of Article 10 and Article 14 of the ECHR. The Judge agreed with the submissions made by Tim and Senior Counsel for the Respondent, however, that the issue should be remitted to the same Employment Tribunal for redetermination.

On a separate point, the Employment Appeal Tribunal held that a worker is protected from detrimental treatment by his current employer for making a protected disclosure to that employer before the commencement of employment.