In Thomson v Imperial College Healthcare NHS Trust EAT/0218/14, the EAT upheld an employment tribunal's ruling that a conduct dismissal was unfair because the chair of the disciplinary panel had no training or experience in the role, and he impermissibly dismissed for what amounted to serious but not gross misconduct. The employee had, however, failed to establish that there was any failure to make reasonable adjustments.
Additional information on the law on sickness absence and sick pay for NHS employers, including Injury Allowance. To be read in conjunction with the general information on the law on sick pay.
Although many of the staff groups under the remit of the public-sector pay review bodies have received a pay award in 2015/16, for salaried staff in the NHS in England, Wales and Northern Ireland the review bodies played no part in the decision.
The Employment Appeal Tribunal (EAT) has held that a dismissal was procedurally unfair because the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. This led to the disciplinary panel misapplying the disciplinary procedure, and in these circumstances, the EAT found the dismissal was also substantively unfair.
Additional information on the law on ordinary parental leave and shared parental leave for NHS employers. To be read in conjunction with the general information on the law on ordinary and shared parental leave.
In DLA Piper's latest case report, the Court of Appeal held that an employer does not have the right to increase a disciplinary sanction on appeal unless it expressly provides for this option in its disciplinary procedure.
The Supreme Court has restored the High Court decision granting a doctor an injunction to prevent an NHS trust from continuing flawed disciplinary action against her without first restarting and completing an investigation under its disciplinary policy.
In DLA Piper's case of the week, Brito-Babapulle v Ealing Hospital NHS Trust, the Employment Appeal Tribunal highlighted that, even when the employer believes there to be gross misconduct, such a dismissal may not always be within the range of reasonable responses, as mitigating factors may mean that the sanction of dismissal was not in fact reasonable.
This employment tribunal punished a large employer's failure to follow the "Acas code of practice on disciplinary and grievance procedures" by awarding a combined total of over £100,000 to two claimants who were unfairly dismissed.
HR and legal information and guidance relating to employers in the health sectors in England and Wales and Scotland.