This month, Ian Smith runs with some classic arguments on worker status & gives a nod to national stereotypes
- No general right to holiday pay for all non-standard doctors.
- Working time rights—the meaning of ‘refuse’.
- The meek shall inherit, if not the world, at least a higher level of compensation.
There have been two employment-related cases featuring in the press recently which are considered here at the beginning and end of this brief. Other cases considered involved dismissal for refusing to work contrary to working time laws, timing as a factor in the definition of disability and injury to feelings damages in discrimination claims.
The first newsworthy case was the decision of Kerr J in Community Based Care Health Ltd v Narayan UKEAT/0162/18,the latest in a series of cases concerning whether doctors operating outside the classic GP surgery model can claim to be ‘workers’. The result (in the doctor’s favour) caused speculation in the press about potential costs to the NHS, but it may not be as simple as suggested.
The
