“The break was for more than two weeks, albeit a period in which there were only 8 working days, and there is no finding that she was occupied at that time under any contract for services whether by doing anything that amounted to direct performance of her duties or by carrying out activities that were in any way ancillary to those duties.”
David Everett, partner at LCP said: “Dr Sanderson’s husband has failed in front of the NHS’s internal dispute resolution procedure, the Pensions Ombudsman and now the High Court. Will this go any further?
“It seems that it ought to if natural justice is to be delivered. And with enterprises increasingly using irregular forms of employment for at least parts of their workforce, this case sends a warning to scheme sponsors to check that what is being promised will deliver should the worst befall a scheme member.”
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