Locum awarded holiday pay

Locum awarded holiday pay

A locum pharmacist who worked at the same pharmacy for six years had his services ended suddenly. As a member he contacted the PDA for advice and was given full backing to take his case to an Employment Tribunal (ET). A legal appraisal of the case indicated his circumstances could be interpreted as having employed rather than self employed status. On the basis of this, the PDA instructed a lawyer to put forward his case.

The employer, supported by the National Pharmacy Association (NPA), had used the full-time services of the locum for many years to operate his business. His contract was terminated abruptly and the ET concluded that although it found that he was self-employed, the duration and nature of the locum services provided meant the pharmacist was entitled to some employment benefits, namely those provided to 'workers' under the Working Time Regulations 1998, such as holiday and sickness pay. The locum pharmacist was awarded £700 in compensation from the employer.

The positive implications of this judgement for locum pharmacists are being studied carefully by the PDA, although there may be an appeal by the NPA, due to the potential implications for the employers they represent.

Commenting on the ruling the locum pharmacist said, ?It is a daunting experience going to court, but the support of the PDA meant I could confidently challenge the pharmacy owner and claim compensation for the injustice I experienced?

Mark Koziol, Director of the PDA said, ?I am delighted that the tribunal found in our favour, locum pharmacists are often on the receiving end of questionable behaviour towards them by employers and this case clearly demonstrates the forces they face from employer organisations when seeking fair treatment?

John Murphy, General Manager of the PDA commented, ?Whilst the majority of pharmacy employers try to maintain the goodwill of their locums, there are some who behave in a shoddy manner. Locum pharmacists are often deterred from seeking redress due to the backup the employers have from their representative organisations. I am pleased we were able to support this pharmacist and successfully challenge the poor behaviour of the employer?