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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
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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

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

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
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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
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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

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

Shepherd & Wedderburn LLP
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United Kingdom
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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

Court of Appeal grants injunction preventing disciplinary proceedings

Shepherd & Wedderburn LLP
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United Kingdom
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May 14 2010

The Court of Appeal has upheld an injunction (interdict) preventing an NHS Trust from taking disciplinary proceedings against a medical practitioner where a previous investigation into her conduct had vindicated her (Mezey v South West London Mental Health NHS Trust

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

Shepherd & Wedderburn LLP
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United Kingdom
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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