Capsticks represents Trust in successful defence of High Court challenge to exclusion under MHPS
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.
CQC report finds “a worrying picture” of DNACPR decision-making
The Care Quality Commission has published its final report on their special review into ‘Do Not Attempt Cardiopulmonary Resuscitation’ (DNACPR) decisions taken during the COVID-19 pandemic. We summarise the findings and what they mean for providers.
In the News
Housing case law - April 2021
Read our monthly housing case law update, which includes recent cases from courts in England and Wales that are relevant to the #ukhousing sector.
Chief Constable of Police not liable for acts of discrimination committed by the IOPC but liable for acts of discrimination by misconduct panels
In the case of Chief Constable of Avon and Somerset Constabulary v Eckland, the Chief Constable was hold liable for any disability discrimination which determined disciplinary allegations against the claimant police officer.
Updated guidance on meeting the duty of candour
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 imposes a duty of candour on health and social care providers. The CQC has updated its guidance, making clear the requirements and circumstances in which it must be applied.
The Paterson Inquiry: A whole healthcare system response one year on
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.
Employment Tribunal finds that a disabled police officer had been harassed by ‘diet’ comments made in connection with her disability
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.
COVID-19: Workforce FAQs
The COVID-19 pandemic continues to pose significant workforce issues for healthcare organisations regarding the services they provide and the risks to staff. Here we share our FAQs in relation to these policies and communications with staff generally.
European Court of Justice rules on the question of standby periods and working time
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.
New shared ownership model lease – what registered providers can expect
The Government has announced further guidance on the much anticipated new model of shared ownership lease, as reported by Inside Housing on 1 April 2021.
Supreme Court rules that care workers are only entitled to national minimum wage for the times they are awake for the purposes of working
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.
Procurement case law - winter 2020/2021
In this update, Capsticks’ procurement specialists summarise two important procurement cases for bidders and contracting authorities from winter 2020/2021.