Health and social care
Court of Appeal gives judgment in Flowers case on overtime and holiday pay
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.
Health and social care
Social Housing and Care Homes – Employment Quarterly Update (May 2019)
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.
Health and social care
Clinical Law Insight: May 2019
Welcome to the latest edition of Clinical Law Insight, in which we consider developments in clinical negligence claims, inquests and the healthcare advisory sector.
Health and social care
Employers must record workers’ daily working time
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.
Health and social care
Court of Appeal confirms that inquest conclusion of ‘suicide’ should be determined on balance of probabilities
In the case of Maughan (2018), the Divisional Court determined that the criminal standard of proof (‘beyond reasonable doubt’) is no longer required for a Coroner to return a conclusion of death resulting from suicide.
Health and social care
Court of Appeal rejects appeal against dismissal for improper conversations about religion with patients
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.
Care Homes
Health and social care
Top Social Care insights - May 2019
Read our roundup of the top insights from across the social care sector.
Health and social care
Dr Bawa-Garba permitted to return to practice subject to conditions
The GMC’s Medical Practitioners Tribunal Service found Dr Bawa Garba’s fitness to practise remained impaired due to the length of time she had been away from medical practice, but permitted a return from July 2019, subject to conditions for 24 months.
Health and social care
Court of Appeal upholds complaint of race discrimination against NHS Trust
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.
Health and social care
EAT overturns finding of discrimination against NHS Trust
The Employment Appeal Tribunal (EAT) recently overturned and Employment Tribunal's (ET) decision that a Trust’s treatment of a woman on maternity leave amounted to pregnancy and maternity discrimination under the Equality Act 2010.
Health and social care
Court of Appeal: compensatory rest breaks do not need to be continuous
The Court of Appeal found that a compensatory rest break does not need to be provided as a continuous 20 minute period.
Health and social care
The Duty of Candour – are you doing it right?
The CQC has recently fined an NHS Trust for not complying with the Duty of Candour by virtue of a delay in providing an apology to the family as required by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.