Insight
Employment Tribunal (ET) upholds doctor’s race discrimination claim against the General Medical Council (GMC)
05/07/21
In Karim v GMC, the Reading ET has found that the GMC discriminated against Dr Karim on the grounds of his race. We explore the ET’s decision and the key takeaways from this landmark case, in our insight below.
Insight
Employment Appeal Tribunal (EAT) extends scope of protection for employees taking part in or preparing for industrial action
14/06/21
The EAT held that lack of protection from detriment for having taken part in or prepared for strike action under section 146 of TULCRA breached Article 11 of the ECHR and that such protection should therefore be read into section 146.
Alert
New Government guidance on public sector exit payments
01/06/21
The Government has published new guidance for public sector employers on the making of special severance payments.
Insight
Court of Appeal finds that the non-payment of an allowance to a female police officer during her maternity leave was not due to sex discrimination
20/05/21
In Commissioner of the City of London Police v Geldart, the Court of Appeal has held that a female police officer who was not paid the London allowance for the duration of her maternity leave did not suffer direct sex discrimination.
Insight
Employee’s dismissal for friction caused by manner in which he carried out health and safety duties was automatically unfair
06/05/21
In a recent case, the Employment Appeal Tribunal (EAT) has found that an employee’s dismissal due to the upset he had caused whilst carrying out his health and safety duties was automatically unfair.
Insight
Capsticks represents Trust in successful defence of High Court challenge to exclusion under MHPS
22/04/21
A recent High Court judgment highlights the importance for employers to demonstrate a clear, balanced and proportionate decision-making process when considering exclusion under MHPS.
Insight
The Paterson Inquiry: A whole healthcare system response one year on
16/04/21
The Paterson Inquiry reviewed how Ian Paterson had been able to practise in this way across both the NHS and private sector and with a view to identifying systemic improvements to ensure that patients are properly protected and compensated.
Insight
Employment Tribunal finds that a disabled police officer had been harassed by ‘diet’ comments made in connection with her disability
15/04/21
An Employment Tribunal has upheld claims of disability discrimination, failure to make reasonable adjustments and harassment brought by Detective Constable Kerry Moth against the Chief Constable of Devon and Cornwall Police.
Insight
European Court of Justice rules on the question of standby periods and working time
06/04/21
The European Court of Justice has set out the factors to be taken into account to decide when standby time should be counted as working time under the Working Time Directive.
Supreme Court rules that care workers are only entitled to national minimum wage for the times they are awake for the purposes of working
23/03/21
The Supreme Court upheld the Court of Appeal’s decision that workers required to do sleep-in shifts were only entitled to National Minimum Wage when awake for purposes of working.
Claimant disciplined after expressing his religious beliefs has not been unlawfully discriminated against or victimised
17/03/21
In two appeals involving the same claimant, Page v NHS TDA and Page v Lord Chancellor & Lord Chief Justice of England & Wales, the Court of Appeal has given Judgment in a case involving the difficult balance between two protected characteristics.
COVID-19 FAQs: The extended Coronavirus Job Retention Scheme and furlough leave
09/03/21
The Government announced the launch of the new Coronavirus Job Retention Scheme (CJRS), where employers can “furlough” staff and HMRC will reimburse up to 80% of the employee’s wages, up to a maximum of £2,500 per month.