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Tess’ situation is one that will involve various aspects of employment law. The issues which will arise are whether Tess is an employee, and if so has she suffered wrongful, or unfair dismissal,
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Tess has been a nurse for twenty years and has an exemplary record. She has worked at Dolby Hospital for two and a half years and obtained the position through an employment agency. The hospital arranges Tess's work rotas and provides the uniform. She has to arrange time off and holidays with them. The agency pays her salary having already deducted tax and national insurance. The agreement with the agency states that "the relationship shall not give rise to a contract of employment between the agency and the temporary worker or the temporary worker and the client". Last year Tess was diagnosed as suffering with depression caused by the death of her son in a car accident. She had to have a month off work as a result. On her return to work Tess asked if she could move to another ward as the intensive care unit is a very stressful...
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