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NHS Agenda for Change was not discriminatory

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

An employment tribunal has, at a pre-hearing review, rejected a challenge to the introduction into the NHS of the "Agenda for Change" (AfC) pay structure and, in particular, the three pay protection arrangements that the Trusts have put in place in order to provide a cushion for employees who would otherwise have suffered a pay reduction (Hartley and others v Northumbria NHS Foundation Trust and others

Swine flu time to dust off your old SARS and bird flu plans?

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

Although the World Health Organisation currently puts the level of threat posed by swine flu at level 5 (meaning that a pandemic is considered to be imminent), so far the actual threat in the UK to human life or the economy has been negligible

NHS Trust acted outside its powers in agreeing an "irrationally generous" compensation payment

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

The High Court has held that a compensation payment agreed by the NHS Trust with a departing chief executive was "irrationally generous" and therefore beyond the Trust's legal powers

"Fit note" consultation launched

Shepherd & Wedderburn LLP
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United Kingdom
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June 11 2009

The Department for Work and Pensions has unveiled a medical "fit note" to replace current sick notes

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