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  • Date:
    11 April 2019
    Type:
    Commentary and analysis

    Positive action in recruitment: Cost of getting it wrong

    While positive action in recruitment is laudable, and to be encouraged as a means of overcoming disadvantage and low participation, employers need to think very carefully about how they go about it, because if they make mistakes the cost may be high. Jason Braier explains why.

  • Date:
    28 March 2019
    Type:
    Commentary and analysis

    Suspension in relation to safeguarding concerns should be used sparingly

    Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.

  • Date:
    26 March 2019
    Type:
    Law reports

    Social media misconduct: Snapchat posts increased tiger kidnapping risk

    In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.

  • Date:
    25 March 2019
    Type:
    Law reports

    Dismissing mentally ill employee for failing to attend meetings was discrimination, decides tribunal

    In Flemming v East of England Ambulance Services NHS Trust, an employment tribunal held that an NHS Trust discriminated against a mentally ill employee by dismissing him for gross misconduct following his failure to attend a sickness absence review meeting and occupational health appointments.

  • Date:
    14 March 2019
    Type:
    Commentary and analysis

    Whistleblowing in the NHS

    Consultant editor Darren Newman considers whistleblowing in the NHS, focusing on the public interest test and the danger of working on the basis that an allegation is malicious.

  • Date:
    13 March 2019
    Type:
    Law reports

    Maternity leave: Redundancy form sent to employee's inaccessible work email address

    In South West Yorkshire Partnership NHS Foundation Trust v Jackson and others, the Employment Appeal Tribunal (EAT) held that, as long as the miscommunication came from an administrative error, an employee whose redundancy redeployment form was sent to an inaccessible work email address was not unfavourably treated because she was on maternity leave.

  • Date:
    5 March 2019
    Type:
    Law reports

    Breach of contract: Suspension must be "reasonable and proper" response to misconduct allegations

    In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.

  • Date:
    1 March 2019
    Type:
    Law reports

    Positive action: Police force's recruitment process discriminated against white heterosexual man

    In Furlong v Chief Constable of Cheshire Police, an employment tribunal held that a police force's recruitment process discriminated against a white heterosexual male candidate who was rejected after the positive action provisions in the Equality Act 2010 were applied to a pool of 127 applicants who passed the interview stage.

  • Date:
    25 February 2019
    Type:
    Commentary and analysis

    What do workforce equality standards mean for NHS employers?

    Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.

  • Date:
    19 February 2019
    Type:
    Commentary and analysis

    Trauma and stress: Supporting workers' families

    We explore the potential impact of workers' exposure to traumatic events and other stressful environments on their families and look at some of the measures that employers can take to support those families.

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