Employment Status of GP's

The Employment Appeal Tribunal has held, in North Essex Health Authority v Dr C David-John (HHJ Levy, 15th August 2003) that GPs do not have a contractual relationship with the 'employing' Health Authority. Their obligations are governed by statute, not contract.

Therefore:

• (a) given there is no contract, there cannot be a 'contract for services' - thus GPs cannot claim unfair dismissal; and,
• (b) likewise, there cannot be a 'contract personally to execute any work or labour' - thus GPs cannot claim under the discrimination statutes.