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Health sector information

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  • 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:
    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.

  • Date:
    30 January 2019
    Type:
    Law reports

    EAT rules that defamation complaint can form basis of whistleblowing claim

    In Ibrahim v HCA International Ltd, the Employment Appeal Tribunal (EAT) held that the worker's complaint that false rumours had been spread about him is an allegation of defamation and a disclosure of information that tends to show a breach of a legal obligation under the whistleblowing provisions.

  • Date:
    19 September 2018
    Type:
    Law reports

    Notice to department did not constitute resignation from employer

    In East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) held that an employee's letter of notice to her department did not amount to a resignation from the respondent's employment because the wording used was ambiguous.

  • Date:
    30 August 2018
    Type:
    Law reports

    Victimisation: Focus of test for bad faith is honesty, not motivation

    In Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the primary question, when deciding if an employee acted in bad faith, is whether or not the employee acted honestly in making the discrimination allegation, not the employee's ulterior purpose.

  • Date:
    2 August 2018
    Type:
    Law reports

    Discrimination arising from disability: Withdrawal of job offer after reference highlighting absences

    In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.

  • Date:
    12 July 2018
    Type:
    Law reports

    Ambulance workers' holiday pay must include "regular and settled" voluntary overtime

    In Flowers and others v East of England Ambulance Trust, the Employment Appeal Tribunal (EAT) held that voluntary overtime must be included in the calculation of holiday pay for ambulance workers with a pattern of voluntary overtime that is sufficiently regular and settled.