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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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