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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.
The status of employment rights on the transfer of an undertaking is an extremely complex area of...