Sector focus
This article looks at local authority discipline and dismissal procedures for senior officers, and the involvement of councillors in other disciplinary action.
In James-Bowen and others v Commissioner of Police of the Metropolis, the Supreme Court held that, when defending a claim of vicarious liability, the Commissioner did not owe a duty to her police officers to take reasonable care to protect them from economic and reputational harm.
In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.
In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal (EAT) held that the summary dismissal of a surgeon was fair where the trust had relied on a pattern of conduct, but there had been no single act amounting to gross misconduct.
In City of York Council v Grosset, the Court of Appeal held that the dismissal of a teacher for showing an 18-rated film to his pupils amounted to discrimination arising from his disability, even though the school had not been aware that the teacher's conduct was linked to his disability.
This article looks at the roles of local authority senior officers and the factors that local authority employers should take into account when appointing senior officers. It also explores other regulatory requirements specific to recruitment in local authorities.
In Kaur v Leeds Teaching Hospitals NHS Trust, the Court of Appeal held that, in "last straw" cases, an employee may rely on earlier affirmed breaches of contract provided that the later act forms part of the series.
In Hextall v Chief Constable of Leicestershire Police and another, the Employment Appeal Tribunal (EAT) remitted to a fresh tribunal the issue of whether or not a police force's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is indirectly discriminatory.
In Abrahall and others v Nottingham City Council and another, the Court of Appeal held that a number of employees who had continued to work without protest throughout a two-year pay freeze had not agreed to a variation of their contracts of employment.
In Fleming v East of England Ambulance Service NHS Trust, the Employment Appeal Tribunal (EAT) held that covert recordings of the private deliberations of the disciplinary panel were admissible as evidence, except for any content covered by legal professional privilege.
HR and legal information, news and guidance relating to specific industry sectors.