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Dress codes, headscarves and discrimination
The issue of dress codes and religious clothing has featured in the news recently, following the case brought be a Belgian receptionist in Achbita v G4S Secure Solutions. The case was reported as supporting a ban on headscarves, but the actual outcome was slightly more complicated than that.
Day v Lewisham & Greenwich NHS Trust & Health Education England (2017)
The Court of Appeal has decided that Health Education England may yet be liable for whistleblowing claims brought by junior doctors, in the high profile case of Day v Lewisham & Greenwich NHS Trust & Health Education England (2017).
Newsflash: Next Steps on the Five Year Forward View – Technology and Innovation
The Next Steps review acknowledges that technology underpins all of the major NHS work programmes.
Sleep-ins – should they form a part of the National Minimum Wage calculation?
The long awaited appeal by Mencap has now been considered by the Employment Appeal Tribunal (EAT). This appeal is based on the way care is provided, predominantly in the social care sector but also has an impact on healthcare providers too. In recognition of the importance to the sector, this appeal was heard by Mrs Justice Simler, the President of the EAT, and brought together three separate appeals. Mencap operate their sleep-ins in common with most social care providers and pay a mostly flat rate sleep-in payment. They were unsuccessful in arguing that the hours during sleep-in shifts were not to be taken into account in calculating the National Minimum Wage.
Dress codes and headscarves
Dress codes and religious clothing have been considered by the European Court of Justice (CJEU) in two cases recently and unfortunately their guidance is not as clear as it could be. The French case of Achbita v G4S Secure Solutions was reported as supporting a ban on headscarves but the actual outcome was slightly more complicated than that. The Belgian case of Bougnaoui v Micropole SA reached a slightly different decision, refusing to uphold a ban, but the case emphasised just how hard it can be to enforce a supposedly neutral dress code.
Trade Union Act 2016 – how will the legislation impact on the healthcare sector?
The Trade Union Act 2016 (“the Act”) results in significant changes to the right to strike and the power of trade unions.
Health start-ups: Get brand protection- key intellectual property rights
It is as true for a business offering healthcare services as it is for any High Street seller of goods that the business’ brand and the goodwill associated with it are valuable assets that are worthy of protection.
Care package retenders: TUPE or not to TUPE?
The Employment Appeal Tribunal examined the transfer of care of an individual (CE) between two service providers to determine whether his carers TUPE transferred. They did not - they were found not to be part of a team whose “principal purpose” was CE’s care. What steps should you be taking in advance of potential transfers?
Newsflash: Are you ready for the GDPR?
The General Data Protection Regulation (‘GDPR’) comes into force on 25 May 2018 and is the largest overhaul of data protection since the 1998 Act.
January/February 2017 Procurement Roundup
We would like to make you aware of several new legal developments that have emerged during the first couple of months of 2017. If you would like to discuss any of these matters with Hempsons’ dedicated procurement team in more detail, please don’t hesitate to contact us.
Health start-ups: Don’t get snared in your own web – it’s your website, but do you own and control it?
Organisations rightly devote significant time and resources towards ensuring their web presence reflects their values and the message they wish to convey to the outside world. Even those that do not engage in e-commerce are expected to have a website – their shop-window in the electronic world – and will take steps to ensure that clients and prospective clients searching the internet will arrive at their own website rather than that of a competitor.
In-depth investigations are key to fair disciplinary processes
The recent case of Tykocki v Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust demonstrates the importance of a fair and thorough investigation process in disciplinary cases where the allegations are serious and could consequently have career limiting implications for the employee involved.