header-logo header-logo

Employment law brief: 8 October 2019

07 October 2019 / Ian Smith
Issue: 7859 / Categories: Features , Employment , Discrimination
printer mail-detail
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll