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Lessons from Lancashire and South Cumbria NHS Foundation Trust v Moon

Lessons from Lancashire and South Cumbria NHS Foundation Trust v Moon
Navigating employment status
Key points
  • Lancashire and South Cumbria NHS Foundation Trust v Moon examines the employment status of those appointed to fill statutory positions.
  • Proposals were put forward to align the status tests for employment tax and legal rights but the government chose not to proceed.
  • A noteworthy aspect of the case was the reconciliation of the associate hospital manager’s independence in decision-making with her employment status.
  • It is essential to consider the nuanced factors that influence employment status.

Determining employment status for tax and legal purposes is a complex issue. The intricacies of employment status often come to light through cases that challenge traditional notions of work relationships. The recent case of Lancashire and South Cumbria NHS Foundation Trust v Moon [2024] EAT 4 provides a compelling examination of the employment status of those appointed to fill statutory positions.

We look at the implications for both employers...

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