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  • Date:
    1 September 2003
    Type:
    Law reports

    Mid Staffordshire General Hospitals NHS Trust v Cambridge

    In Mid Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566 EAT, the EAT held that an employer's failure to carry out an assessment to enable a decision to be reached as to what steps would be reasonable to prevent a disabled employee or prospective employee from being at a disadvantage amounts to a breach of the duty of reasonable adjustment under section 6 of the Disability Discrimination Act 1995.

  • Date:
    1 September 2001
    Type:
    Law reports

    Subjectivity anathema to equal opportunities

    A consultant who was not awarded a discretionary point under the NHS Discretionary Award Scheme was unlawfully discriminated against on grounds of race, as the procedures for awarding points lacked objectivity, holds a Southampton employment tribunal (Chair: S J W Scott) in Nasr v Salisbury Health Care NHS Trust.

  • Date:
    1 September 2001
    Type:
    Law reports

    Work activities to be taken into account

    In Law Hospital NHS Trust v Rush the Court of Session has ruled that evidence of the nature of an applicant's duties at work, and the way in which they are performed can be relevant to whether they meet the statutory definition of a disabled person.

  • Date:
    1 November 2000
    Type:
    Law reports

    Working time: Doctors' on-call time at work was "working time"

    In Sindicato de Médicos de Asistencia Pública (Simap) v Conselleria de Sanidad y Consumo de la Generalidad Valenciana, the ECJ rules that all of the time spent on call by teams of doctors providing primary care at health centres was "working time", within the meaning of the EC Working Time Directive, if they were required to be at the health centres.

  • Date:
    1 December 1997
    Type:
    Law reports

    PPP not a qualifying body

    In Tattari v Private Patients Plan the Court of Appeal has ruled that the Race Relations Act's provisions on qualifying bodies do not cover any organisation which is capable of advancing an individual's job prospects.

  • Date:
    1 December 1997
    Type:
    Law reports

    Black vicar wins race bias case

    An NHS trust which failed to follow its own equal opportunities and selection policies unlawfully discriminated on grounds of race when it refused a black vicar a hospital chaplaincy, rules a London North industrial tribunal (Chair: D H Roose) in Olumide v Chase Farm Hospitals NHS Trust.

  • Date:
    1 March 1995
    Type:
    Law reports

    Discrimination: Doctors' registration requirements challenged

    In Khan v General Medical Council, the Court of Appeal holds that a doctor's right to apply to a review board for a review of the Council's decision not to grant him full registration was a proceeding "in the nature of an appeal", and so an industrial tribunal could not consider his complaint of racial discrimination.

  • Date:
    1 October 1994
    Type:
    Law reports

    Transfer of undertakings: Liability for negligence claims transferred to NHS trust

    An NHS trust was the proper defendant in damages claims brought by its employees, even though the accidents giving rise to the claims occurred before the trust was established, and when the employees were still employed by the transferor health authority, holds a county court in Wilson and others v West Cumbria Health Care NHS Trust.

  • Date:
    1 June 1994
    Type:
    Law reports

    Contracts of employment: Locum doctor was not an employee

    A doctor who did part-time deputising work was not an employee of the relief call-out agency, holds the EAT in Sreekanta v Medical Relief Agency (Stoke-on-Trent) Ltd. The doctor had been able to choose when he attended for work, and the agency had exercised minimal control over what he did. Furthermore he had been paid and taxed as though self-employed.

  • Date:
    1 June 1993
    Type:
    Law reports

    Disbelieved black doctor awarded £7,500

    In Giwa-Osagie v (1) Hall (2) Doncaster Royal Infirmary & Montagu Hospital Trust a Sheffield industrial tribunal (Chair: A J D Glossop) awards £7,500 compensation, including £2,500 for injury to feelings, to a Nigerian doctor who had been discriminated against on grounds of race because it had been automatically assumed by hospital management that because he was black he was guilty of an alleged sexual assault on a white member of staff.