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- Date:
- 26 November 2019
- Type:
- Employment law cases
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".
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- Date:
- 1 November 2019
- Type:
- Employment law cases
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.
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- Date:
- 7 August 2019
- Type:
- Employment law cases
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.
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- Date:
- 6 August 2019
- Type:
- Employment law cases
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.
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- Date:
- 11 June 2019
- Type:
- Employment law cases
In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.
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- Date:
- 21 May 2019
- Type:
- Employment law cases
In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.
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- Date:
- 25 March 2019
- Type:
- Employment law cases
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.
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- Date:
- 14 March 2019
- Type:
- Commentary and insights
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.
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- Date:
- 13 March 2019
- Type:
- Employment law cases
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.
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- Date:
- 25 February 2019
- Type:
- Commentary and insights
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.