Sector focus

New and updated

• Positive action in recruitment: Cost of getting it wrong

  Date:

  11 April 2019

  Type:

  Commentary and analysis

  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.

• Consultation on implementation of £95,000 cap on exit payments for public-sector workers

  Type:

  Consultations

  The Government consults on its plans for implementing a cap on exit payments for most public-sector workers in England, Wales and Scotland. The cap means that exit payments will be limited to £95,000 for staff in the civil service, local government, NHS and police.

• National Joint Council for Local Government Services pay spine

  Type:

  Quick reference

  Updated to reflect the revised NJC pay spine in effect from 1 April 2019.

• Suspension in relation to safeguarding concerns should be used sparingly

  Date:

  28 March 2019

  Type:

  Commentary and analysis

  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.

• Social media misconduct: Snapchat posts increased tiger kidnapping risk

  Date:

  26 March 2019

  Type:

  Law reports

  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.

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

  Date:

  25 March 2019

  Type:

  Law reports

  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.

• Whistleblowing in the NHS

  Date:

  14 March 2019

  Type:

  Commentary and analysis

  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.

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

  Date:

  13 March 2019

  Type:

  Law reports

  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.

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

  Date:

  5 March 2019

  Type:

  Law reports

  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.

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

  Date:

  1 March 2019

  Type:

  Law reports

  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.