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Protection for whistleblowing
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.
Are your dentists really self-employed?
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.
Time to say goodbye?
Julia Gray looks at how settlement agreements can be used effectively by employers.
GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited
The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay.
Newsflash: The HSJ and Hempsons webinar on the Fit and Proper Person Test
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.
Hempsons’ Employment Newsbrief
Welcome to our Summer 2019 edition of Hempsons’ Employment Newsbrief.
Higher standards expected of NHS trusts before dismissal for capability
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.
Don’t do Facebook
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.
Disciplinary procedures and police investigation
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 cap on public sector exit pay rears its head again
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.
A review of the Fit and Proper Persons Test
On 6 February 2019, the Government published Tom Kark QC’s report of his review of the “Fit and Proper Persons Test” (FPPT).
ICTS (UK) Limited v Visram
ICTS (UK) Limited v Visram: The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an employee, who was successful in his claims for unfair dismissal and disability discrimination, should be awarded compensation for loss of benefits until death or retirement.
EU workers’ healthcare qualifications to be recognised after Brexit
Regardless of which side of the Brexit debate you are on, the Government has recently provided some much needed clarity to the health sector. The Department for Health and Social Care (DHSC) has confirmed that health and social care workers with professional qualifications from the EU will be able to continue to practise in the UK, even in the event of a ‘No Deal’ Brexit.