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Employment law brief: 8 October 2019

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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