Capsticks Healthcare Roundup - October 2019
21/10/19
In this month’s healthcare newsletter Dylan Young talks about some of the common mistakes made by contracting authorities during the procurement process, and how to avoid them.
Culture Change in Fire and Rescue Services
23/09/19
The culture of Fire and Rescue Services has a huge part to play in the retention of employees and in this Insight we look at some of the trends which have emerged from the ‘People’ section from Tranches 1 and 2 of HMICFRS reports.
High Court refuses to prevent Trust from proceeding to a disciplinary hearing
19/09/19
Capsticks represented the Trust in Al-Obaidi v Frimley Health NHS Trust. The High Court has today issued Judgment refusing a permanent injunction to prevent the Trust from continuing with disciplinary proceedings against Dr Al–Obaidi.
Further occupations added to the Shortage Occupation List
05/08/19
On 23 July 2019 the Government confirmed its intention to adopt the recommendations of the Migration Advisory Committee to include a range of additional occupations on the Shortage Occupation List.
Employee’s covert recording of meeting did not breach implied term of trust and confidence
22/07/19
The Employment Appeal Tribunal (EAT) has ruled that an employee was not in breach of the implied duty of trust and confidence when she secretly recorded a meeting with HR.
NHSE and NHSI set targets to reduce disciplinary cases involving BME staff
17/07/19
NHS England and NHS Improvement have set targets for reducing number of disciplinary cases involving black and minority ethnic (BME) employees throughout the NHS as part of a drive towards a just culture.
Court of Appeal upholds claim of perceived disability discrimination against police force
08/07/19
In the first case of perceptive discrimination to come before the Court of Appeal, the Court has upheld the decision of the EAT that a police officer was discriminated against when she was refused a transfer because of a perceived disability.
Court of Appeal gives judgment in Flowers case on overtime and holiday pay
11/06/19
Calculating holiday pay and Agenda for Change (AfC)—read our analysis of the Court of Appeal’s decision in 'Flowers and others v East of England Ambulance Trust,' and the key takeaways for NHS employers here.
Social Housing and Care Homes – Employment Quarterly Update (May 2019)
29/05/19
Over the last few months we have seen the launch of the EU settled status scheme amid continued uncertainty over Brexit, and the publication of the latest gender pay gap reports. Read our latest employment law update for social housing and care homes.
Employers must record workers’ daily working time
23/05/19
The European Court of Justice (CJEU) has ruled that employers must keep records of all hours worked by each worker in order to ensure compliance with the working time limits in the Working Time Directive.
Court of Appeal rejects appeal against dismissal for improper conversations about religion with patients
14/05/19
The Court of Appeal unanimously dismissed an appeal against an ET decision where a Trust, represented by Capsticks, had dismissed the Claimant for gross misconduct after she initiated inappropriate conversations about religion with patients.
Court of Appeal upholds complaint of race discrimination against NHS Trust
16/04/19
The Court of Appeal has upheld a complaint of race discrimination against a NHS Trust—a reminder that where discrimination can be inferred, it is the employer's responsibility to show that it did not occur.





