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Recovering legal costs in the tribunal

Mills & Reeve LLP
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United Kingdom
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October 15 2012

In the case of Oni v NHS Leicester City, the claimant brought a claim for constructive dismissal, direct race discrimination and victimisation and was represented by her husband during a 13-day hearing

Criminal Records Bureau and vetting and barring scheme scaled back

Mills & Reeve LLP
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United Kingdom
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October 15 2012

A series of significant changes made to the Safeguarding Vulnerable Groups Act 2006 (SVGA 2006) by the Protection of Freedoms Act 2012 came into effect on 10 September 2012

Automatic unfair dismissals following TUPE transfer

Mills & Reeve LLP
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United Kingdom
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October 15 2012

The two claimants in the recent case of The Manchester College v (1) Miss C Hazel (2) Mrs M Huggins transferred under The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) to the employment of the Manchester College in August 2009

Department publishes briefing on new ban on age discrimination

Mills & Reeve LLP
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United Kingdom
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October 15 2012

The DH has published guidance, entitled Implementing a ban on age discrimination in the NHS - making effective, appropriate decisions, to coincide with the coming into force of the new provisions banning discrimination on the ground of age in the provision of goods and services

Self-employed GP is held to be a worker

Mills & Reeve LLP
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United Kingdom
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September 17 2012

In the case of The Hospital Medical Group Limited v Westwood, the Court of Appeal decided that a GP carrying out hair restoration procedures for a private clinic was a “worker” for the purposes of employment legislation

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

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

NHS Trust convicted of criminal offences re inadequate risk assessment; ordered to pay fines and costs of around £475,000

Mills & Reeve LLP
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United Kingdom
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August 7 2012

A jury at Luton Crown Court found Hertfordshire Partnership NHS Foundation Trust guilty of offences under Health & Safety legislation, following the murder of a care home worker by a patient whom the Trust had placed at the home

Hertfordshire Partnership Trust's conviction

Mills & Reeve LLP
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United Kingdom
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July 25 2012

What are the implications for NHS commissioners and providers after trust is convicted over decision to place patient who stabbed a care worker to death?

NHS employers’ ability to provide honest employment references in the public interest

Mills & Reeve LLP
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United Kingdom
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July 11 2012

In the case of Bol Thour v Royal Free Hampstead NHS Trust, a defamation claim made by a former NHS employee concerning an employer reference failed because the publication was covered by the defence of “qualified privilege”

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