Health sector information

New and updated

• Date:

  23 August 2011

  Type:

  Law reports

  EAT upholds decision that former NHS trust chief executive was dismissed for making protected disclosure

  The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure. 

• Type:

  FAQs

  What are the specific public sector equality duties in Wales?

• Date:

  11 August 2011

  Type:

  Law reports

  Doctor's dismissal did not engage European Convention on Human Rights

  The High Court has held that the process for a doctor's dismissal did not engage his right to a fair and public hearing under the European Convention on Human Rights. 

• Type:

  FAQs

  Which employers must comply with the general public sector equality duty under the Equality Act 2010?

• Date:

  12 April 2011

  Type:

  Law reports

  Unfair dismissal: failure to allow NHS employee legal representation at disciplinary appeal hearing

  This employment tribunal decision demonstrates that there are circumstances in which it is necessary for employers to allow employees to have legal representation at a disciplinary appeal hearing, following the Court of Appeal decisions in R (on the application of G) v Governors of X School and Y City Council [2010] IRLR 222 CA and Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA.

• Date:

  1 October 2010

  Type:

  Law reports

  Case round-up

  Claire Benson, Rebekah Martin and Poppy Fildes, associates at Addleshaw Goddard, detail the latest rulings.

• Date:

  29 September 2010

  Type:

  Law reports

  Compromise agreements: Compromise agreement with chief executive was not ultra vires

  In Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] IRLR 786 CA, the Court of Appeal held that a compromise agreement entered into by an NHS trust and its chief executive was not so irrationally generous as to be ultra vires, as subsequently argued by the trust.

• Date:

  29 June 2010

  Type:

  Law reports

  Gibb v Maidstone & Tunbridge Wells NHS Trust

  The Court of Appeal has held that an NHS trust was entitled to take into account a CEO's previous good record and negative prospects of obtaining future employment when making a severance payment. 

• Date:

  1 June 2010

  Type:

  Law reports

  Edwards v Chesterfield Royal Hospital NHS Foundation Trust

  The Court of Appeal has held that the decision in Johnson v Unisys Ltd [2001] IRLR 279 HL did not preclude the claimant from recovering damages based on a breach of contractual disciplinary proceedings. 

• Date:

  23 March 2010

  Type:

  Law reports

  Sarkar v West London Mental Health NHS Trust

  The Court of Appeal has restored a tribunal decision that an employer’s decision to dismiss for gross misconduct, after it had attempted to resolve matters using a procedure applicable to minor allegations of misconduct, was outside the range of reasonable responses, and therefore unfair.