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Susan Dennehy

Editor's message: The recruitment and retention of nurses, doctors and social care staff continues to be a pressing issue for NHS employers, particularly in the ever-changing Brexit landscape. For example, there has been a dramatic fall in the number of nurses that have entered the country since the 2016 referendum and this exacerbated an already acute shortage. The implications of Brexit on immigration laws is likely to result in a further reduction in the number of EU workers in key roles in the NHS. Despite the huge impact that Brexit will have on recruitment and retention within the NHS there are other issues that also need urgent attention.

Equality and diversity remain high on the HR agenda within the NHS. The workforce race equality standard aims to tackle inequalities faced by employees from black, Asian and minority ethnic backgrounds in relation to various aspects of their employment, including career progression and disciplinary proceedings. We recently explored what workforce equality standards actually mean for NHS employers.

Susan Dennehy, employment law editor

New and updated

  • Right to work: Employer wrong to rely on checking service

    Date:
    17 December 2019
    Type:
    Law reports

    In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal held that the employer should not have relied solely on negative Home Office checks when it dismissed the employee for failing to provide right to work documentation.

  • Date:
    3 December 2019
    Type:
    Legal guidance

    HR professionals in public authorities may think that the extension of IR35 reforms to the private sector in April 2020 will not affect them. However, public-sector bodies need to be aware of some proposed changes to the rules.

  • Whistleblowing: Court of Appeal reiterates two-stage "public interest" test

    Date:
    26 November 2019
    Type:
    Law reports

    In Ibrahim v HCA International Ltd, the Court of Appeal reiterated the two-step test for an employment tribunal to follow when deciding if the claimant had a reasonable belief that the disclosures they were making were "in the public interest".

  • Employers not liable for third-party harassment, confirms EAT

    Date:
    1 November 2019
    Type:
    Law reports

    In Bessong v Pennine Care NHS Foundation Trust, the Employment Appeal Tribunal (EAT) held that the Equality Act 2010 cannot be interpreted to make an NHS trust vicariously liable for race discrimination for a patient's racially motivated attack on a mental-health nurse.

  • Consultation into NHS pensions flexibility launched

    Date:
    12 September 2019
    Type:
    News

    A new consultation into NHS pension changes designed to enable senior clinicians to work additional shifts without facing prohibitive tax bills has been launched.

  • Pay awards: Public health

    Type:
    Survey analysis

    Updated to include the details of four new pay awards across the sector.

  • Date:
    9 August 2019
    Type:
    Legal guidance

    The Government is consulting on proposed changes to the duty to publish a modern slavery and human trafficking statement. The proposals aim to improve the quality of reporting under the transparency in supply chains legislation, make it easier for people to compare organisations' reports and increase compliance with the duty.

  • NHS trust's monitoring of junior doctors' rest breaks is "flawed"

    Date:
    7 August 2019
    Type:
    Law reports

    In Hallett v Derby Hospitals NHS Foundation Trust, the Court of Appeal held that an NHS trust's use of commercial software to monitor rest breaks results in a breach of junior doctors' terms and conditions of service.

  • No religious discrimination where director suspended after publicly opposing same-sex adoption

    Date:
    6 August 2019
    Type:
    Law reports

    In Page v NHS Trust Development Authority, the Employment Appeal Tribunal upheld an employment tribunal decision that there was no religious discrimination where a non-executive director was suspended after voicing his opposition to same-sex couple adoption in the media.

  • Boris Johnson pledges to 'fix' pension tax allowance rules

    Date:
    10 July 2019
    Type:
    News

    Tory leadership front runner Boris Johnson has vowed to "fix" the pension rules that have led to NHS consultants finding they are better off if they work fewer hours.

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HR and legal information, news and guidance relating to employers in the health sector.