Jurisdiction(s):
United Kingdom

Scottish ET: SQA invigilator deemed worker; Deliveroo substitution analogy rejected; holiday pay awarded despite no minimum shifts

Published on: 29 May 2025

Published by a Law360 reporter

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Article summary

Shanks v Scottish Qualifications Authority (ET Case No 8001728/2024)

Employment Judge Muriel Robison determined that the public body responsible for accrediting educational awards was liable to pay the claimant £348 in holiday pay, as she qualified for worker rights in her roles as invigilator and, later, chief invigilator. The judge held that the absence of any requirement to accept a minimum number of shifts did not, in itself, rule out worker status.

Shanks began working as an invigilator on national examinations in 2022 and, two years later, was appointed chief invigilator, overseeing a team of 24. In July 2024 she sought holiday pay for the preceding two years; however, as recorded in the judgment, the SQA stated that these posts did not attract workers’ benefits.

The authority grounded its position on a 2016 ruling which found Deliveroo drivers to be independent contractors because they enjoyed an absolute right to send a substitute to perform their work...

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