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New criminal sanctions: will they generate the cultural change required for a safer NHS? Examining the Government’s initial response to the Francis Report

Mills & Reeve LLP
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United Kingdom
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May 2 2013

The Government has accepted some, but not all, of the recommendations made by Robert Francis QC to introduce new criminal law sanctions. While the

Dismissals for breakdown in working relationships

Mills & Reeve LLP
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United Kingdom
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August 7 2012

In a decision handed down on 19 July 2012 in the case of Sian Kerslake v North West London Hopsitals NHS, the High Court held that a Trust could proceed with an internal hearing to consider if a consultant should be dismissed for “some other substantial reason” (SOSR) where it was alleged that there had been a breakdown in the working relationship

Overturning dismissals in internal appeal hearings

Mills & Reeve LLP
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United Kingdom
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February 4 2013

In the case of Piper v Maidstone & Tunbridge NHS Trust, the NHS trust employer dismissed the claimant, who had been employed as a chaplain, for gross

Withholding redundancy payments and unreasonable refusals of suitable alternative employment

Mills & Reeve LLP
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United Kingdom
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March 8 2013

In the case of Readman v Devon PCT, Mrs Readman worked for the respondent PCT from 1985 to 2008 in community based nursing. She was ultimately

Dismissing employees following rejection of re-banding and pay protection

Mills & Reeve LLP
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United Kingdom
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March 8 2013

The case of Sandford & Anor v Newcastle Upon Tyne Hospitals NHS Foundation Trust followed a decision by an NHS trust to re-band 22 employees

Window safety back on the agenda

Mills & Reeve LLP
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United Kingdom
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March 8 2013

An NHS foundation trust was fined £66,000 and ordered to pay £43,000 costs last month for breaching Section 3(1) Health and Safety at Work etc Act

Dismissals: SOSR or misconduct?

Mills & Reeve LLP
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United Kingdom
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April 14 2011

The Employment Appeals Tribunal (EAT) has held in the case of Ezsias v North Glamorgan NHS Trust that an employee dismissed because of a breakdown in working relationships was dismissed for some other substantial reason of a kind such as to justify dismissal (SOSR) and not for misconduct

Health legal update - April 2013

Mills & Reeve LLP
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United Kingdom
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April 3 2013

This April edition of the Health Legal Update heralds the dawn of a new day with the new structures under the Health & Social Care Act in operation

Does the duty of care to employees extend to employees of other bodies with which you have a working relationship?

Mills & Reeve LLP
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United Kingdom
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August 7 2012

In the recent case of Claire Selwood v Durham County Council (1);Tees, Esk & Wear Valleys NHS Foundation Trust (2) and Northumberland, Tyne & Wear NHS Foundation Trust (3) (2012) the Court of Appeal was asked to consider whether two mental health trusts owed a duty of care to an employee of the local authority who was attacked by a mental health patient

What is a reasonable adjustment for disability discrimination purposes?

Mills & Reeve LLP
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United Kingdom
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January 3 2012

Reasonable adjustments (RAs) is a phrase which offers so much room for interpretation that it often finds itself the subject of deliberation in disability discrimination cases

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