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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
Contract outside the employer's powers does not prevent employment relationship
- Shepherd & Wedderburn LLP
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- United Kingdom
- -
- October 12 2009
In Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam, the EAT held that a contract of employment can still exist even where the contract itself is outwith the employer's legal powers
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
- -
- 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
- -
- 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
- -
- 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
DWP publishes guidance on new fit notes
- Shepherd & Wedderburn LLP
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- United Kingdom
- -
- 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
