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Are you considering taking on staff, but unsure about the basis on which to engage them? Should you opt for a free-lancer, or offer an employment contract? This article addresses the most common questions about employment status, with particular focus on the risks and benefits of self-employment.
What has whistleblowing got to do with doctors working in private practice? Isn’t that an issue relating to doctors in employment only? The recent employment tribunal case of Shoukrey v BMI Healthcare Limited shows this is not the case, warns Paul Spencer.
The issue of the self-employed status of associate dentists is also very much a hot topic at the moment – in particular, with a review HMRC has been conducting in recent times and the Employment Tribunal case of Mr A Lynn v. Damira Dental Studios Ltd.
Trusts and local partners taking bold approaches to overcome workforce challenges and meet local population need
The move to integrated care and partnership working between health and care organisations can help the sector to overcome severe workforce challenges, according to a new briefing from NHS Providers with input from Hempsons.
Julia Gray looks at how settlement agreements can be used effectively by employers.
The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay.
The Fit and Proper Person Test is meant to ensure that anyone at director level in the NHS has the attributes and values needed for the job.
Welcome to our Summer 2019 edition of Hempsons’ Employment Newsbrief.
The recent case of Muller v London Ambulance Service NHS Trust has emphasised the need for NHS Trusts, as large, sophisticated employers with significant administrative resources, to take a more cautious approach and exhaust every other option before dismissing an employee by reason of capability. Mr Muller’s dismissal was found to be unfair and discriminatory, despite the fact that he had been absent from work for a year and had no predicted return-to-work date at the time he was dismissed.
Facebook is not a good place to air workplace grievances as Mr Atherton discovered in his claim of unfair dismissal against his employer, Bensons Vending Limited. It appears staff morale was low after the company reduced its discretionary Christmas bonus due to financial constraints – the bonus becoming a gift of a bottle of alcohol.
In the case of North West Anglia NHS Foundation Trust v Gregg, the Courts looked at when an employer should halt its own internal procedures if the police are also investigating the same matter.
The government has recently launched a consultation exercise in relation to the introduction of a £95,000 cap on exit payments made to public sector staff.
On 6 February 2019, the Government published Tom Kark QC’s report of his review of the “Fit and Proper Persons Test” (FPPT).