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07 October 2019 / Ian Smith
Issue: 7859 / Categories: Features , Employment , Discrimination
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Employment law brief: 8 October 2019

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

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MOVERS & SHAKERS

University of Manchester: The LLM driving tech-focused career growth

University of Manchester: The LLM driving tech-focused career growth

Manchester’s online LLM has accelerated career progression for its graduates

mfg Solicitors—Philip Chapman

mfg Solicitors—Philip Chapman

Regional firm strengthens corporate team with partner hire

Switalskis—Sally Christey, Mathew Abiagom & Cyman Kaur

Switalskis—Sally Christey, Mathew Abiagom & Cyman Kaur

Commercial property team expands with trio of appointments

NEWS
Judging is ‘more intellectually demanding than any other role in public life’—and far messier than outsiders imagine. Writing in NLJ this week, Professor Graham Zellick KC reflects on decades spent wrestling with unclear legislation, fragile precedent and human fallibility
The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings
As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
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