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Results: 1-10 of 13

Dismissal decision taken in the absence of employees was fair

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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

DWP publishes guidance on new fit notes

  • Shepherd & Wedderburn LLP
  • -
  • 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

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

  • Shepherd & Wedderburn LLP
  • -
  • 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

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

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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

"Fit note" consultation launched

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

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

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

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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

NHS Agenda for Change was not discriminatory

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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

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

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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

Maximum age for doctors and dentists could be justified

  • Shepherd & Wedderburn LLP
  • -
  • European Union, Germany
  • -
  • 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

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

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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