An examiner working for exam board Pearson Education was a worker, not self-employed, according to an employment tribunal judgment that a union believes could pave the way for more examiners to win worker status.
The London Central employment tribunal ruled that Ms P Anning was a ‘worker’ under the Employment Rights Act 1996, and was awarded £5,320 in respect of the holiday pay she should have received.
The National Education Union (NEU) said the examiner’s worker status ruling could allow it to bring other claims on behalf of members who claim they have been denied workers’ rights, which include holiday pay and protection against unfair dismissal, because the organisation they work for believes they are self-employed.
The NEU said it has many members working for Pearson who write exam papers, set grade boundaries, deal with grade appeals and ensure the consistent marking of exams, but who are classified as self-employed by the organisation.
Members began contacting the union during the Covid-19 pandemic when examiners’ contracts were cancelled as exams were dropped.
The union claimed that Pearson refused to furlough examiners, claiming they were self-employed, while HMRC indicated they were not eligible for the Self-Employed Income Support Scheme as it believed they were employed.
NEU joint general secretary Dr Mary Bousted said: “What this case has highlighted is that across the country the highly skilled and experienced professionals who are responsible for writing all exam papers, ensuring they are marked fairly and consistently and keeping the entire exam system going are all on precarious piecemeal contracts with no job security or employment rights afforded to them.
“The National Education Union is hopeful that this test case is just the beginning of securing improved employment rights and security for all those examiners who are integral to the smooth running of the UK’s exam system.”
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Pearson Education has been contacted for a response.
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