Insurance
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)
Insurance
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.
Health and social care
Insurance
Darnley: the Supreme Court rules on the case of the patient who left A&E after 19 minutes
10/10/18
An insight into the Supreme Court decision on the Darnley v Croydon Health Services NHS Trust case
Insurance
Claims for psychiatric injury in the workplace
16/08/18
We are seeing a growing number of claims for psychiatric injury arising from healthcare employees who are overworked and under supported, and those claiming that they have been bullied or harassed in the workplace.
Insurance
How to respond to an incident giving rise to a potential claim
16/08/18
It has never been more important for those who face potential claims and their Insurers to fully investigate and obtain evidence from the outset.
Insurance
How to prevent slips and trips: A guide for employers and occupiers
16/08/18
Claims resulting from slips and trips form a significant part of the caseload for many personal injury departments.
Insurance
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.
Insurance
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.
Insurance
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.
Insurance
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.
Health and social care
Insurance
Judge finds DePuy metal-on-metal hip implant not “defective”
25/05/18
The Court handed down judgement in what is already being described as a landmark case for product litigation.
Insurance
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.
Insurance
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.
Health and social care
Insurance
Vaginal mesh – Recent developments and considerations for insurers
12/02/18
On Tuesday 30th January 2018 the Government announced that they would be launching an independent review into the use of vaginal mesh.
Insurance
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.
Health and social care
Insurance
Medical malpractice forward view 2018
23/01/18
Last twelve months have highlighted the uncertainties in an ever changing and complex legal environment
Insurance
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
Health and social care
Insurance
Bereavement damages incompatible with human rights
04/12/17
The court of appeal has declared that the current scheme for bereavement damages under the Fatal Accidents Act 1976 (FAA)
Insurance
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
Health and social care
Insurance
Professional regulatory
High Court applies new dishonesty test for the first time in a GMC case
24/11/17
Potentially changed the long standing Ghosh test on dishonesty by removing the subjective element
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’)
Insurance
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
Insurance
Employment tribunal fees refund scheme begins
23/10/17
The government announced the first details of the employment tribunal fees refund scheme
Insurance
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
Insurance
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.
Insurance
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.
Health and social care
Insurance
Learning from mistakes and effective serious incident investigation
16/10/17
Serious incident (SI) investigations are a critical post incident analysis tool
Insurance
Employment law round-up
13/09/17
Landmark Judgment on Employment Tribunal fees
Insurance
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.
Insurance
Employment tribunal fees are unlawful
26/07/17
The Employment tribunal fees system, which was introduced under the fees Order
Insurance
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.
Insurance
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.
Insurance
Government triggers Article 50 – implications for your workforce
29/03/17
With today’s triggering of Article 50 of the Lisbon treaty
Insurance
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
Insurance
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.
Insurance
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.
Insurance
Major changes to the rules on engaging "off payroll" workers
31/01/17
An insight into draft legislation within the finance bill 2017.
Insurance
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.
Insurance
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.
Insurance
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.
Insurance
European Court rules on legality of employers' headscarf ban
01/01/16
Preventing Muslim employee from wearing hijab was unlawful discrimination.