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.
Deploying staff: how to adopt a flexible approach and manage risks
12/02/21
Deploying staff flexibly between NHS Trusts, GP practices and other organisations is key to enabling new models of care, improving service resilience and ensuring continuity of care. We explore how the system-wide approach works and how to manage risks.
EAT provides guidance for employers seeking to rely on the “reasonable steps” defence in harassment claims
09/02/21
In a recent case, the EAT rejected an employer’s appeal against a finding of harassment and held that simply providing training will not always be enough for an employer to defend such a claim if that training is not effective.
Independent report finds gender pay gap in the medical workforce narrowing very slowly
22/12/20
“Mend the Gap: The Independent Review into Gender Pay Gaps in Medicine in England”, commissioned by the DHSC, examines the structural and cultural barriers affecting the female medical workforce. We summarise the findings and what they mean for you.
Lockdown 2—what this means for the workplace
06/11/20
As England enters a second lockdown, the rules relating to when an employee can/should return to the workplace are continually being updated. Government guidance issued last week has already been superseded by new versions as the situation evolves.