Care Homes
Health and social care
Top Social Care insights - February 2019
19/02/19
Read our roundup of the top insights from across the social care sector.
Care Homes
Health and social care
Housing
Social Housing and Care Homes - Employment Quarterly Update
12/02/19
Welcome to our first employment update for social housing and care homes for 2019. It certainly looks set to be another year in which the legal and political landscape is dominated by Brexit.
Care Homes
Top Social Care insights - January 2019
07/01/19
See our roundup of the top insights from across the sector in January.
Care Homes
Top Social Care insights - December 2018
17/12/18
See our roundup of the top insights from across the sector in December.
Care Homes
Confidentiality is not an automatic bar to disclosure
29/11/18
Marston Holdings Ltd v Ministry of Justice (HM Courts & Tribunal Service) [2018] EWHC 3168 (TCC)
Care Homes
Consumer Law Guidance from the CMA - have you reviewed your terms and conditions?
28/11/18
Read our insight on the latest CMA guidance.
Care Homes
Capsticks Care Homes insight – Top 10 October news stories from the sector
31/10/18
Our monthly roundup of Care Homes news.
Care Homes
Employers can be legally responsible for malicious data breaches committed by employees
24/10/18
In Wm Morrison Supermarkets PLC v Various Claimants, Morrisons appealed a High Court judgment that it should be vicariously liable for a data breach committed by an employee.
Care Homes
GPs
Housing
Employment quarterly update
10/10/18
See our latest quarterly employment law updates which includes recent cases and legal developments.
Care Homes
Capsticks Care Homes insight – Top 10 September news stories from the sector
02/10/18
Capsticks Care Homes insight – Top 10 September news stories from the sector
Care Homes
Capsticks Care Homes insight – Top 10 August news stories from the sector
30/08/18
Our first regular edition of the 'Capsticks' Care Homes insight – Top 10 news from the sector'
Care Homes
CMA Advice – consumer law advice on the charging of fees after death
25/07/18
The Competition & Markets Authority has published advice on charging fees after the death of a resident for self-funded and part-funded residents.
Care Homes
EAT rules on holiday pay entitlement under Agenda for Change
19/07/18
The Employment Appeal Tribunal has considered the difficult issue of voluntary overtime and the calculation of holiday pay.
Care Homes
Sleep-in shifts and the National Minimum Wage: Mencap v Tomlinson-Blake
17/07/18
The Court of Appeal has clarified conflicting case law and ruled that workers are not entitled to be paid the national minimum wage for time they are asleep on sleep-in shifts.
Care Homes
Supreme Court upholds need for variations to follow contractual process
20/06/18
An insight into the the Rock Advertising Limited v MWB Business Exchange Centres Limited judgment.
Care Homes
Supreme Court rejects appeal in Pimlico Plumbers case
15/06/18
An insight into the highly publicised case on worker status, Pimlico Plumbers v Smith.
Care Homes
Revised section 40 of the Freedom of Information Act
11/06/18
Due to the Data Protection Act 2018 and GDPR, there are consequential changes to s. 40 of the Freedom of Information Act 2000.
Care Homes
Shared parental leave and discrimination – the latest from the EAT
18/05/18
An insight into the question of whether a man taking shared parental leave is entitled to the same rate of pay as a female employee taking maternity leave.
Care Homes
Care homes – Employment law quarterly update
24/04/18
Capsticks’ team of employment specialists are delighted to provide you with the first of our quarterly employment law updates which includes recent cases and laws relevant to the sector.
Care Homes
Health and social care
Ombudsman offers practical advice on contracts for social care providers
28/03/18
Following a rise in complaints from self-funders about Funded Nursing Care (FNC), the Local Government and Social Care Ombudsman have recently published guidance for social care providers to help them provide clear cost information to service users.
Care Homes
GDPR support for HR - Be one step ahead of May's deadline
22/03/18
The General Data Protection Regulation (GDPR) will have a significant impact on how organisations deal with the personal data of their workforce.
Care Homes
Liability for historical abuse and the implications for organisations
21/02/18
Post Saville, Rotherham, and Winterbourne Care Home and the ongoing Inquiry into Child Sexual Abuse, there has been a significant rise in historic abuse claims.
Care Homes
Health and social care
Independent healthcare
New CQC inspection framework explained
15/02/18
In connection with HEFMA, Partner, Ian Cooper has written an insight outlining 10 things you need to know about the CQC’s new inspection framework.
Care Homes
Gig-Economy workers' rights update
09/02/18
The Government published “the Good Work Plan”, its response to “Good Work”, the review into modern working practices which was led by Matthew Taylor in late 2017.
Care Homes
Disclosures made purely in self-interest are not protected
18/12/17
The Employment Appeal Tribunal (EAT) has provided useful guidance on the scope of whistle blowing legislation
Care Homes
Health and social care
Independent healthcare
New CQC “KLOES” – are you prepared?
14/12/17
The new key lines of enquiry (KLOES) and ratings framework
Care Homes
Latest holiday decision from the European court of justice
01/12/17
The ECJ handed down its judgment this week in King v Sash Windows Workshop Ltd
Care Homes
Health and social care
Insurance
High Court confirms no requirement for court application for CANH withdrawal
21/11/17
The High Court confirmed that court approval was not required to withdraw Clinically Assisted Nutrition and Hydration (‘CANH’)
Care Homes
Health and social care
Independent healthcare
Overseas visitors regulations – Are you prepared?
17/11/17
A government consultation on charging patients for care by the NHS
Care Homes
Dismissal for failure to provide evidence of right to work in the UK
17/11/17
One of the potentially ‘fair reasons’ for dismissal under the Employment Rights Act 1996
Care Homes
Health and social care
High Court ruling requires inquest to be held following criminal proceedings
14/11/17
The administrative court has very recently handed down an important judgment
Care Homes
Employment tribunal fees refund scheme begins
23/10/17
The government announced the first details of the employment tribunal fees refund scheme
Care Homes
New corporate offence of failure to prevent criminal tax evasion in force from 30 September
19/10/17
Criminal Finances Act 2017, which came into force on 30 September
Care Homes
How do you send your sensitive information?
18/10/17
Greater Manchester Police has been fined £150,000 after 3 DVDs containing footage of interviews with victims of serious violent crime failed to reach their intended recipient, the National Crime Agency.
Care Homes
Facility time publication requirement – are you up to speed?
17/10/17
The Regulations require nearly all public sector employers to publish information on how much time is spent by their trade union officials on paid “trade union facility time” over the course of the relevant 12-month period.
Care Homes
Health and social care
The state of the care sector: ‘winter is coming’
06/10/17
An article written by Jamie Cuffe, Partner in our Commercial team.
Care Homes
Employment law round-up
13/09/17
Landmark Judgment on Employment Tribunal fees
Care Homes
EAT upholds whistleblowing detriment claim against non-executive directors
02/08/17
The EAT ruled that two NEDs of the petroleum company were personally liable for losses flowing from the dismissal of the CEO after he was dismissed for making protected disclosures.
Care Homes
Employment tribunal fees are unlawful
26/07/17
The Employment tribunal fees system, which was introduced under the fees Order
Care Homes
Health and social care
Independent healthcare
Is your CCG constitution fit for the future?
11/05/17
The purdah period before the General Election provides CCGs with a great opportunity
Care Homes
EAT gives guidance on when sleep-ins count for purposes of the national minimum wage
04/05/17
The EAT consider whether employees who sleep-in are engaged in ‘time work’ for the full duration of the sleep-in shift or whether they are working only when they are awake and carrying out specific duties.
Care Homes
New rules on publishing information on trade union facility time
11/04/17
Under the Regulations, relevant public sector employers will have to publish on their website certain information relating to trade union officials and facility time.
Care Homes
Government triggers Article 50 – implications for your workforce
29/03/17
With today’s triggering of Article 50 of the Lisbon treaty
Care Homes
Twitter defamation: Columnist ordered to pay £24,000 for defamatory tweets
27/03/17
Two tweets posted by columnist Katie Hopkins have been found by the high Court
Care Homes
Independent healthcare
Service provision changes and the principal purpose test
21/03/17
A decision that will be of interest to all those involved in the commissioning and provision of services and care plans.
Care Homes
Health and social care
Independent healthcare
An Inspector calls - but which one? The roles of HSE and CQC following health and safety incidents
13/03/17
The Health service journal reported earlier this week that southern health
Care Homes
Update on IR35 changes
08/03/17
HMRC has now published its much-anticipated electronic tool for determining whether off-payroll engagements are “in scope” for the new IR35 rules that will apply from 6th April 2017.
Care Homes
Trade union act in force from 1st March
01/03/17
The main provisions of the trade union act 2016 (the Act) come into effect today, 1 March 2017.
Care Homes
Independent healthcare
CQC announces new partnerships with charities plus charity sector update
28/02/17
The Care Quality Commission (“CQC”) has established new partnerships with six national charities
Care Homes
Emergency services
Health and social care
Independent healthcare
Unmarried cohabitants entitled to receive survivor’s pension
15/02/17
UK public sector pension schemes, including the NHS pension scheme
Care Homes
Major changes to the rules on engaging "off payroll" workers
31/01/17
An insight into draft legislation within the finance bill 2017.
Care Homes
Health and social care
Independent healthcare
Draft regulations extend access to NHS pension scheme to new care models
09/01/17
The Department of health has published for consultation a draft statutory instrument
Care Homes
Tighter rules on tax for off-payroll workers in the public sector
01/12/16
An insight into an announcement from the Autumn statement on ''off-payroll'' workers in the NHS.
Care Homes
No requirement for workers to request rest breaks
22/11/16
A worker can bring a claim for an employer’s failure to provide rest breaks.
Care Homes
Health and social care
Independent healthcare
The CQC and your estate – making sure you’re compliant
26/09/16
A look at 5 questions the CQC asks to ensure you're compliant.
Care Homes
GPs
Health and social care
Independent healthcare
Sale and leaseback - key considerations
09/09/16
The number of sale and leaseback transactions involving primary care premises has increased over recent years and is currently at an exponential rate of growth.
Care Homes
Preventing Muslim employee from wearing hijab was unlawful discrimination
27/07/16
In the case of Bougnaoui v Micropole SA the Advocate General of the CJEU advised that the dismissal of a Muslim employee for refusing not to wear her hijab when visiting clients was direct discrimination on grounds of religious belief.
Care Homes
Health and social care
Independent healthcare
CQC – Life after comprehensive inspections
15/06/16
The CQC has now completed its programme of comprehensive inspections of NHS Trusts.
Care Homes
Health and social care
Independent healthcare
Providers of NHS healthcare: changes to procuring NHS services from 18th April
18/03/16
On 18th April 2016, CCGs’ and NHS England’s temporary exemption from the Public Contracts Regulations 2015 (PCR 2015) when procuring healthcare services for the NHS will come to an end.
Care Homes
European Court rules on legality of employers' headscarf ban
01/01/16
Preventing Muslim employee from wearing hijab was unlawful discrimination.
Care Homes
Independent healthcare
New requirements for charities and professional fund raisers PLUS charity sector update
16/12/08
Read our update for the Charity sector and a look into a recent case.