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The fit and proper persons requirement
The fit and proper persons requirement - how the requirement works in practice and how it might be extended in the future.
Can a disability account for bad behaviour?
A recent Employment Tribunal decision serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition, employers should be cautious of departing from medical opinion.
Sleep-ins – what next?
The Court of Appeal’s judgment in the Royal Mencap Society v Tomlinson-Blake is not yet the final word on sleep-ins.…
Sleep-ins – what’s next?
The Court of Appeal’s judgment in the Royal Mencap Society v Tomlinson-Blake is not yet the final word on sleep-ins.
What’s new in employment law…?
What’s new in employment law…? In this article we highlight some recent employment law changes and developments, which are of particular relevance to employers managing negotiations with departing employees and the financial entitlements of such staff.
Latest holiday pay case in the EAT is far from a bed of roses for NHS employers
Latest holiday pay case in the EAT is far from a bed of roses for NHS employers. Flowers and others v East of England Ambulance Trust UKEAT/0235/17. Over the summer we have seen a further holiday pay case emerge which changes the holiday pay landscape and has particular significance for NHS employers.
Are employers too quick to suspend employees accused of wrongdoing? Court forces employer to lift eminent doctor’s suspension
The answer this month was a resounding yes in the case of Professor Marjan Jahangiri the first female professor of cardiac surgery in the United Kingdom and Europe who works at St George’s Hospital, Tooting, London.
Gig economy: informal and flexible – but who has what rights when it all goes wrong?
In the recent judgment in Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29, the Supreme Court ruled that a plumber who paid tax as a self-employed contractor was a worker with rights to bring Employment Tribunal claims outside the contract. Jean Sapeta explains why and what it means for you.
Being Paid to Sleep? Royal Mencap Society v Tomlinson-Blake
In Royal Mencap Society v Tomlinson-Blake the Court of Appeal has determined that workers who “sleep in” at their workplace are not entitled to receive national minimum wage for periods when they are asleep. This is because time spent asleep in this way is properly characterised as time when an employee is ‘available for work’ rather than time when they are actually working.
NHS hospital consultant surgeon with unblemished record summarily dismissed even though no gross misconduct
The consequences of summary dismissal from a professional role for misconduct are grave and life disrupting – the abrupt loss of a hard won high status career and earning capacity, possible referral to a Regulator (GMC etc) and intense personal distress.
Employment Newsbrief Summer 2018 now available!
Welcome to the Summer edition of the Hempsons’ Employment Newsbrief, a round-up of some of the hot legal topics in the Employment sector.
GDPR Your questions answered
25 May 2018 marked the introduction of the new General Data Protection Regulation in the UK in the form of the Data Protection Act 2018 and we have been answering many clients’ HR-related questions on the new legislation.
Hincks v Sense Network
It is commonly accepted that when a person applies for a job, they will usually be asked to provide a reference from their previous employer. By the same token, employers are usually willing to provide a reference for an employee leaving their employment and doing so is standard practice.
Reilly v Sandwell Metropolitan Borough Council (2018)
Would it be fair to dismiss an employee if they had failed to disclose a relationship with a person convicted of serious criminal offence (even if this was not necessarily a breach of an express term of the employee’s contract)? This question was addressed by the Supreme Court in the case of Reilly v Sandwell Metropolitan Borough Council (2018) UKSC 16. The Supreme Court also considered the standard approach to the reasonableness of a dismissal, the Burchell test.