Employment law updates

 

October 2016

  •  The subject of employing migrant workers has been in the news a great deal this year following the Brexit vote and the raid on the restaurant chain Byron Burgers, serving as a reminder for health service employers of how important it is that they are up to speed with their legal duties in this area. Nicole Johnson from Capsticks reports. Click here for the full article.

September 2016

  • The Government has now published its plans for extending mandatory gender pay reporting to larger employers in the public sector, from April 2017. Jog Hundle from Mills and Reeve explores the implications for healthcare organisations. Click here to read full article 
  • Whilst some employee investigations in the healthcare sector take place under the auspices of the framework contained in Maintaining High Professional Standards in the Modern NHS (MHPS), what are the key considerations for proactively managing investigations for the rest of the workforce? Jodie Sinclair and Alistair Currie, Partners in Bevan Brittan's Employment Pensions and Immigration team, explain. Click here to read full article
  • Katy Horner looks at a recent EAT case handled by DAC Beachcroft that clarified the meaning of the extended definition of ‘worker’ in terms of whistleblowing claims. Click here to read full article

July 2016

  • Martin Hamilton from Capsticks review what we know - and what we don't know - about the likely effects of Brexit on employment law. Click here to read full article
  • Jodie Sinclar from Bevan Brittan explains how new measures to claw back large severance payments will work along with a raft of other exit payment reforms are in the pipeline. Click here to read full article

June 2016

  • Bevan Brittan's Alastair Currie and Joanna Smart report on a recent high profile EAT case, which looked at the issue of privacy in relation to a disciplinary investigation which relied on emails and photographs supplied by the police. Click here to read full article
  • As well as introducing significant changes to the law of industrial action ballots, the Trade Union Act includes a number of measures targeted directly at the public sector in general, and the health sector in particular. Stuart Craig from Mills and Reeve explains more. Click here to read full article 
  • There has been much debate about agency staff ‘bankrupting the NHS’ or ‘holding NHS trusts to ransom’, but how true is this? And has the introduction of the cap on the hourly rates payable to staff supplied through an agency had any impact on agency spend? Tahera Khan from DAC Beachcroft explains. Click here to read full article

May 2016

  • Sarah Parkinson and the team at Capsticks have produced an invaluable updated question and answer guide for you to download. Covering topics such as TUPE, fixed-term contracts and the Francis Report and answering questions such as ‘Can we take disciplinary action against an employee who is on maternity leave?’ or ‘How can contractual terms be varied?’, this is vital reading for anyone needing help with common legal questions.  Click here to download
  • Following the publication of a national whistleblowing policy for the NHS and new guidance from the CQC on the establishment of freedom to speak up guardians, Jog Hundle from Mills and Reeve assess how whistleblowers have fared recently in the courts. Click here to read the full article 
  • Following on from the introduction of the 'national living wage' in April 2016 and a renewed focus on minimum wage compliance in the healthcare sector, Jodie Sinclair from Bevan Brittan looks at the MiHomecare case and explains key practical points on some of the trickier issues, and risks, around minimum wage/'living wage' requirements.  Click here to read the full article

April 2016

  • James Rhodes from DAC Beachcroft looks at a recent case into the extent to which employees are entitled to privacy in their use of the internet for personal use. Click here to read the full article 
  • Shirley Hall and Aida Geragusian from Eversheds provide a summary of the Eversheds/Winmark HR 2020 report which predicts the trends that HR departments are likely to face in the coming years.Click here to read the full article

 

March 2016

  • The Supreme Court has recently decided upon two vicarious liability cases, each dealing with different aspects of the vicarious liability test. It is important that employers and HR professionals are aware of the risks of vicarious liability, as the courts apply the principle broadly and it is not just reserved for traditional employment relationships. Joanne Payne from Hempsons explains Click here to read the full article
  • Victoria Watson from Capsticks explains how the new rules on revalidation for nurses and midwives will work.Click here to read the full article

February 2016

  • The health sector will shortly have to get to grips with complex new rules on making and recovering exit payments. Jog Hundle from Mills and Reeve explains. Click here to read the full article

  • Towards the end of last year, the Court of Appeal provided its long awaited judgment in the case of Julian Hoskins from Bevan Brittan takes a closer look at the judgment and its implications for employers.  Click here to read the full article
  • Using employment agencies can be costly. From 1 April all agency procurement is to be via approved framework agreements. Katy Horner from DAC Beachcroft looks at the simple steps NHS trusts can take up to and beyond 1 April to avoid getting caught out. Click here to read the full article 

January 2016

  • With a number of legislative changes and a few key Employment Appeal Tribunal decisions during the course of 2015, it has been an interesting year in the employment law arena. This has in turn required some adjustments within the healthcare sector, particularly in terms of increasing family friendly rights. Jane Gilmour from Capsticks explains click here to read the full article
  • What can NHS Trusts do if they ask striking junior doctors to return to work and they refuse? The news reports last Tuesday (12th January 2016), of Sandwell General Hospital asking striking junior doctors to return to work poses the question of what happens when a Trust asks doctors on strike to return to their work, but they do not agree. Laura Quigley from Hempsons looks at the legalities. Click here to read full article 

December 2015

  • The new top rate of the national minimum wage (to be known as the national living wage) poses some particular challenges for the health sector. Stuart Craig from Mills & Reeve explains.  Click here to read full article
  • Alistair Currie from Bevan Brittan looks at a recent case of whistleblowing and the interpretration of what can be considered ‘in the public interest’.   Click here to read full article

November 2015

  • HR managers are regularly called upon to advise on disciplinary matters, and it is normally expected that they will offer firm guidance to a manager charged with carrying out an investigation or chairing a disciplinary hearing. A recent case has made it clear that there are limits as to how far HR advisors can go in involving themselves in these matters. James English from Hempsons explains. Click here to read full article
  • The overlapping provisions of the Equality Act can cause confusion when dealing with disability-related dismissals. While these dismissals will always require careful handling, some help is at hand from recent cases. Jog Hundle from Mills and Reeve explains. Click here to read full article
  • The number of annual working hours lost to strikes has declined dramatically since the 1970s and 80s but recent spikes in activity, especially in the public sector, seem to have persuaded the government to legislate for further restraint. Carolyn Harris and Guy Bredenkamp from DAC Beachcroft explain.Click here to read full article
October 2015 
  • Julian Hoskins from Bevan Brittan reviews a recent case which clarifies whether travel time can also constitute working time. - Click here to read full article

September 2015 

  • Jane Cole provides an update of what employers need to do to meet the education and training requirements for SAS doctors as outlined in the Charter devloped last December - Click here to read full article 
  • Nick Chronias from DAC Beachcroft looks at the myths and realities behind 7-day working - Click here to read full article
July 2015
  • New measures are going to be introduced to allow public sector exit payments to be clawed back where the individual has been re-employed in the public sector within a set period. Jodie Sinclair from Bevan Brittan explains - Click here to read full article
  • Neil Bhan from DAC Beachcroft examines the likelihood that the government will restrict ‘retire and return’ flexibilities under the NHS pension scheme - Click here to read full article
  • Nicola Green and Victoria Watson from Capsticks reviews two cases of discrimination - Click here to read full article
  • Rachael Davidson from DAC Beachcroft discusses the Immigration impact on safe staffing - Click here to read full article
June 2015
  • Anna George from DACBeachcroft explores the implications of the NHS Direct v Gunn case reported in the last issue - Please click here to read full article
  • In the second of a two-part article, Nicola Green and Victoria Watson from Capsticks look at what the Conservatives winning the General Election means for the NHS workforce - Click here to read full article
  • Sharon Gregory outlines the submission from NHS Employers to the review on reforming consultants’ contracts - Click here to read full article
  • Does an employee transferring to a new organisation under TUPE have rights against the transferee under the Equality pre transfer and is the transfer of an employment contract under TUPE an offer of employment? Jeremy Coy and Joanne Payne from Hempsons explain. - Click here to read full article
  • A cross section of employers has been working on improving standards for apprentices, led by Marks and Spencer and supported by the Chartered Institute of Personnel and Development. Craig de Sousa provides an update. - Click here to read full article

May 2015 

  • In the first of a two-part article, Nicola Green and Victoria Watson from Capsticks look at what the Conservatives winning the General Election means for the NHS workforce - Click here to read full article
  • From April 2015 the NHS Equality and Diversity Council has implemented a Workforce Race Equality Standard (WRES), which requires employers to demonstrate progress against a number of indicators of workforce equality. Sharon Gregory reports. - Click here to read full article
  • Alastair Currie from Bevan Brittan provides an update on the recent Woolworths’ verdict that it is the number of employees assigned to each individual entity that is relevant when considering whether collective consultation is required. - Click here to read full article

April 2015 

  • Andrew Rowland from Capsticks explores the implications of withholding pay progression in cases of sickness absence - Click here to read full article
  • Sharon Gregory reminds us of the key messages from the Freedom to Speak Up Review - Click here to read full article
  • Flexibility clauses are commonly included within NHS employment contracts, as they are in most sectors. This article by Andrew Davidson from Hempsons discusses how caution ought to be exercised by managers when relying upon flexibility clauses and provides managers with some helpful tips - Click here to read full article
  • Mediation, whistleblowing and holiday pay were some of the topics discussed at HPMA Wales’ annual employment law update held this month - Click here to read the full article

March 2015 

  • Rita Nissiphorou and Rebecca Pallot of DAC Beachcroft provide an overview of the recently published ‘Freedom to Speak Up’ report - click here to read full article
  • Nicola Sherry of DAC Beachcroft outlines how the new Fit and Proper Person test will work - click here to read full article
  • Yasmin Allan and Jodie Sinclar explain the implications of the new care certificate regime which will come into operation at the beginning of April - Click here to read full article

February 2015

  • Sharon Gregory summarises some of the latest advice on how to use social media responsibly and professionally, from NHS Employers. - click here to read full article
  • The idea of a service to help employees back to work was first mooted back in November 2011. Now the Government is planning to launch a Fit for Work scheme in the spring. James English looks at the implications for employers. - click here to read full article
  • Sharon Gregory summarises some of the latest advice on flexible retirement options from NHS Employers - click here to read full article
  • Victoria Watson provides a useful round-up of key legislation changes this year. - click here to read full article