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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 costs

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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