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Employment Law

Legal guidance - compliance - software

02 NOV 2012

Hospital Medical Group Limited v Westwood [2012] EWCA Civ 1005; (2012) EMPLR 163

During employment -Definition of worker - holiday pay - Working Time Regulations

24 July 2012

Court of Appeal

Maurice-Kay, Longmore and Toulson LJJ

A GP who undertook cosmetic surgery procedures at clinics run by the Hospital Medical Group (‘HMG') was held to be a ‘worker' for the purposes of the Working Time Regulations and the legislation on unlawful deductions from wages.

Dr W's main job was as a GP but he also attended HMG's clinics to provide hair restoration services to patients introduced to him by HMG. The arrangement was terminated as a result of concerns about his performance. He argued that he was a worker for the purposes of the Working Time Regulations and therefore should have been paid holiday pay. He also complained that unlawful deductions had been made from his wages.

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