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Court of Appeal makes consent order that terms and conditions were not from a "single source"

Shepherd & Wedderburn LLP
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United Kingdom
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March 11 2010

In North Cumbria University Hospitals NHS Trust v Fox and others the Court of Appeal has, by consent, overturned the decision of the EAT and ordered that, where the claimants and their comparators were employed by different employers, the NHS Trust was not the single source of their terms of employment

Damages for breach of contractual disciplinary procedure not limited to notice period

Shepherd & Wedderburn LLP
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United Kingdom
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June 11 2010

The Court of Appeal has held that an employee can, in principle, recover damages for loss of future employment prospects caused by an employer's breach of a contractual disciplinary procedure (Edwards v Chesterfield Royal Hospital NHS Foundation Trust

NHS trust could not avoid paying sums due under compromise agreement

Shepherd & Wedderburn LLP
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United Kingdom
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July 8 2010

The Court of Appeal, in Gibb v Maidstone & Tunbridge Wells NHS Trust, has ruled that a compromise agreement between the Trust and its departing Chief Executive was not beyond the Trust's legal powers and the Chief Executive was entitled to enforce its terms

DWP publishes guidance on new fit notes

Shepherd & Wedderburn LLP
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United Kingdom
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March 11 2010

Following consultation with business groups and medical representatives, the Department for Work and Pensions has published guidance for employers and medical practitioners on the new statement of fitness to work (commonly referred to as a fit note

Dentist's unrestricted right to nominate a substitute denied him worker status

Shepherd & Wedderburn LLP
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United Kingdom
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September 10 2010

In Community Dental Centres Ltd v Sultan-Darmon, the EAT held that where an individual has an unlimited right to appoint a substitute to carry out services on his or her behalf (for any reason and without sanction) this will usually be fatal to the individual successfully claiming that they are a worker

Court of Appeal grants injunction preventing disciplinary proceedings

Shepherd & Wedderburn LLP
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United Kingdom
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May 14 2010

The Court of Appeal has upheld an injunction (interdict) preventing an NHS Trust from taking disciplinary proceedings against a medical practitioner where a previous investigation into her conduct had vindicated her (Mezey v South West London Mental Health NHS Trust

ICO decision that NHS breached Data Protection Act on transfer of personal information to a home computer

Shepherd & Wedderburn LLP
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United Kingdom
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November 17 2009

The Information Commissioner's Office (ICO) has found that Mid-Staffordshire NHS Foundation Trust was in breach of the Data Protection Act 1998 (DPA) after a member of its HR team transferred personal information about a Trust employee, which was not password or encryption protected, to a home computer

Dismissal decision taken in the absence of employees was fair

Shepherd & Wedderburn LLP
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United Kingdom
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September 10 2010

In Bashir v Sheffield Teaching Hospital NHS Trust, the EAT has held that the claimants' dismissal was fair, notwithstanding that the decision to dismiss had been taken in their absence

Maximum age for doctors and dentists could be justified

Shepherd & Wedderburn LLP
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European Union, Germany
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February 11 2010

The ECJ has considered the legality of legislation introducing a maximum age of 68 for doctors and dentists in the German NHS