Worker Status and the Limb (B) Exception

In Westwood v The Hospital Medical Group [2012] EWCA Civ 1005, the Court of Appeal considered the ambit of the “limb (b) exception” to worker status. By judgment handed down on 24th July 2012, the CA held that that a hair transplant surgeon who was “clearly in business on his own account” and who contracted with HMG in the course of that business, was nevertheless a worker, and as a result was entitled to claim 6 years of holiday pay and claim unlawful deductions from wages. The decision is likely to be of interest to businesses and public sector organisations which engage self-employed persons as part of their business model, and may now find themselves exposed to potentially costly claims.

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