George Mantides, locum urologist, Royal Berkshire engagement

Has a substitute ever actually worked in your place on this engagement?

No substitution has happened, but it hasn't been agreed with the client either

Term 3 of the hypothetical contract as corrected by the Upper Tribunal: it would be for the personal services of Mr Mantides as a urologist grade SpR, and "Mr Mantides would have no right to provide another person to step into his shoes". No substitution right existed to be exercised or refused.

Could you bring in a helper and pay them yourself from your fee, without the client needing to be involved?

No, helpers are not part of this arrangement

No helper or assistant arrangement appears in the nine hypothetical contract terms set out by the Upper Tribunal.

Can the client move you to different tasks or work areas on this engagement?

No — a new agreement with me would be required

Term 3 engaged him specifically to work as a urologist grade SpR, so materially different work would have required a different agreement.

Who decides how you do your work — the methods and approach you use?

I agree how to do it with others (client team, colleagues)

The First-tier Tribunal found that tight control was not exercised over him as a professional, but that automatic referral of cancer patient management to the multidisciplinary team, together with accumulated feedback from other staff, "provided some measure of the kind of oversight which may in these circumstances be regarded as control".

Who controls when you work — the days and hours?

The client decides my schedule

Term 4: he would provide the services notified to him by the weekly rota. Term 5 required him to be available for 10 half day sessions each week, with holidays and occasional missed sessions needing RBH consent.

Who decides where you carry out the work?

I cannot choose — I must work at the client's location

Term 4: the services would be provided "in facilities provided by the hospital".

Did you purchase and supply significant raw materials for this work?

No

Did you provide significant specialist equipment of your own for this work?

No

Term 4 placed the work in facilities provided by the hospital, and the list of contract terms contains no obligation on him to supply equipment.

Did you use your own vehicle as a primary work tool on this engagement?

No

Did you incur significant other work-related expenses at your own risk?

No

None of the nine hypothetical contract terms places any cost on Mr Mantides before payment, and the hospital provided the facilities.

Are significant work expenses simply not applicable to this type of role?

Yes — expenses are not relevant for this kind of work

Set true as the consequence of the above: with the hospital providing facilities and no term imposing costs on him, there is nothing he had to fund before being paid. CEST asks this as a single choice, so this is how "no costs at all" is expressed.

How are you mainly paid for this work?

Per time period — a weekly or monthly rate

Term 7: "RBH would pay Mr Mantides the agreed rates per hour worked".

If you delivered substandard work, what would happen?

Fixing it would be covered within my normal rate

Inferred from payment by the hour worked, so time spent putting something right would fall within paid hours. The judgment makes no express finding.

Do you receive employee-type benefits from the client?

No

Term 9: "There would be no entitlement to holiday pay, sickness pay or pension benefits".

Do you manage any of the client's employees — acting as their line manager?

No

Do you have direct contact with the client's customers or end clients?

Yes

He treated the hospital patients, so contact with the end client service users is inherent in the role.

When you interact with customers, how do you present yourself?

As an employee or representative of the client's business

He worked at the grade of SpR within the hospital clinical structure and attended its morbidity and mortality meetings under term 8, which is participation in the client organisation rather than appearance as an outside business.

Is the client obliged to offer you work, and are you obliged to accept it, throughout this engagement?

No — either party can stop without obligationCEST does not assess this

Term 6, and expressly so: "RBH would have no obligation to provide work to Mr Mantides".

When this contract ends, would you be surprised if the client did not offer you more work or extend?

No — each engagement is discrete and self-containedCEST does not assess this

Term 1 made it a fixed term and term 2 made it terminable early by either party without notice, which is the point on which the Upper Tribunal found the First-tier Tribunal had erred.

Are you working for multiple clients simultaneously, or have you actively marketed your services to others in the past 12 months?

Yes — I have or actively seek multiple clientsCEST does not assess this

He held an engagement with Medway Maritime Hospital through the same intermediary, which was the second engagement in these proceedings and was found to be self-employment.

Do you hold professional indemnity or public liability insurance in your own name or through your company?

NoCEST does not assess this

Not established by the judgment. Encoded false rather than assumed. Verdict-only field, so it does not affect the CEST result.