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Unfair dismissal: employers need medical opinion before relying on evidence suggesting illness is fake
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 6 2011
Where covertly filmed evidence would suggest to a lay person that an employee is feigning illness, employers should not take disciplinary action without first obtaining a medical opinion on whether the evidence supports this view
Compromise agreements: public sector employer's payment of more than potential litigation award not ultra vires
- Herbert Smith Freehills LLP
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- United Kingdom
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- August 9 2010
Overturning a High Court ruling, the Court of Appeal has decided that an NHS Trust's termination payment was not ultra vires even though it exceeded the maximum the employee could be awarded had she gone to tribunal
Working time: EU law allows employees to reclaim holiday if they are ill
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- October 2 2009
A worker who is sick during statutory holiday should be allowed under EU law to take the holiday at a later date, if necessary in the following holiday year, according to the ECJ
Misrepresentation: drafting of pre-employment questionnaire is key
- Herbert Smith Freehills LLP
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- United Kingdom
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- August 5 2009
An employer cannot claim for loss caused by an employee's mental illness merely because the employee fails to mention a history of mental illness at the recruitment stage
House of Lords upholds the Court of Appeal ruling - no damages for symptomless pleural plaques
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 6 2007
In this e-bulletin we consider the House of Lords decision in Rothwell v Chemical Insulating Co and others 2007 UKHL39
Court shows restraint in unfairness challenge involving policy issues
- Herbert Smith Freehills LLP
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- United Kingdom
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- July 24 2007
In R (Legal Remedy UK Ltd) v Secretary of State for Health 2007 EWHC the Claimants, a pressure group of junior doctors, challenged a decision taken by the Secretary of State for Health intended to resolve serious difficulties arising from a new centralised web-based application system for doctors wishing to become specialists
Regulatory proceedings and property rights: revisited
- Herbert Smith Freehills LLP
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- United Kingdom
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- April 19 2007
The Court of Appeal has reversed the decision of the High Court in R (Malik) v Waltham Forest Primary Care Trust and others 2006 EWHC 487, in which Mr Justice Collins held that a decision by a Primary Care Trust to suspend a doctor from the medical performers list, as part of professional disciplinary processes, was an unjustified interference with the doctor's rights under Article 1 of the First Protocol (the right to peaceful enjoyment of possessions) ("A1P1"
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- Workarea - Employment & Labor
- Workarea - Healthcare
- Workarea - Litigation
- Firm Name - Herbert Smith Freehills LLP
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