McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15

Extended definition of ‘worker’ status for whistleblowing claim depends on whether end user determines terms of work

The statutory protection available to whistleblowers applies to a worker who makes a protected disclosure within the meaning of Part IVA ERA 1996. Section 43K provides an extended meaning of ‘worker’ for these purposes:

“(1) For the purposes of this Part “worker” includes an individual who is not a worker as defined by section 230(3) but who-

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