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Masthead Healthcare - Employment

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Equal pay and comparators

What happens when the pay of a comparator in an equal pay claim changes? Michael Halsey explains.

News headlines

Jul 11, 2018

Justification for hospital cuts taken away by migrant visa changes, say claimants

Campaigners are to press ahead with a judicial review challenge to proposed cuts to NHS services at a local hospital in the North East, claiming that a change in government policy on migrant visas could affect the justification for the…
Apr 23, 2018

Ex-hospital worker prosecuted for inappropriately accessing patient records

A former receptionist of a Milton Keynes hospital trust has become the latest NHS employee to be prosecuted for accessing patient records without authorisation.
Feb 23, 2018

High Court hears test case on ability of junior doctors to take breaks

The High Court is this week hearing a test case on whether a NHS trust which employed 20 junior doctors in their first years as doctors in training breached their contracts of employment when monitoring their ability to take breaks required…
Feb 07, 2018

Flexible and vulnerable workers to benefit from enhanced employment rights: PM

Employees are to get new rights to sickness and holiday pay, Prime Minister Theresa May has announced.
Nov 16, 2017

ICO brings 8th prosecution in 2017 over NHS employees unlawfully accessing records

A nursing auxiliary in Wales has been fined for accessing a patient’s medical records without a valid legal reason – the eighth prosecution of its kind brought by the Information Commissioner’s Office this year alone.

Features and analysis

When can we dismiss for misconduct?

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Rebecca Driffield and Phil Allen look at the lessons to be learned from recent cases involving alleged unfair dismissals.

Whistleblowing. In tune again

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Adam Ohringer considers the implications of a Court of Appeal ruling in a whistleblowing case involving a London borough.

Protection for disabled staff

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In a high-profile case where a teacher was dismissed for showing an 18 rated film to 15- and 16-year olds, the Court of Appeal has given guidance on the meaning of section 15(1) Equality Act 2010, write Ben Cooper QC and Angharad Davies.

Reviewing your workplace dress code

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Emma Ahmed looks at the key points from recent government guidance on workplace dress codes.

Older articles

Apr 27, 2018

Dismissal and contractual notice

The Supreme Court has ruled that written notice of dismissal is only valid once read. Phil Allen considers the implications.
Apr 23, 2018

Ex-hospital worker prosecuted for inappropriately accessing patient records

A former receptionist of a Milton Keynes hospital trust has become the latest NHS employee to be prosecuted for accessing patient records without authorisation.
Apr 13, 2018

Multiple allegations of misconduct

In situations where there are multiple allegations of misconduct, employers need to tread carefully to avoid unfair dismissal, writes Mark Foster.
Apr 06, 2018

TUPE and gaps between contracts

The Advocate General of the European Court of Justice has confirmed that a five-month gap in operations does not necessarily prevent TUPE applying. Doug Mullen looks at practical guidance for employers where there is a gap in operations.
Mar 23, 2018

TUPE and fragmented services

Harmajinder Hayre looks at a case which illustrates the importance of identifying the pre-transfer activities in a service provision change.
Mar 08, 2018

Employment law and workplace equality

With International Women’s Day taking place on 8 March, Andrew Brett looks at the extent to which UK employment legislation has helped to achieve equal rights for women and whether more work is needed to achieve equality in the workplace.
Mar 02, 2018

Discrimination claims and time limits

Can the entirety of a disciplinary process amount to 'conduct extending over a period', thus preventing a claim from being out of time? Nick Murrell discusses this in relation to a recent case involving a NHS trust.
Feb 23, 2018

High Court hears test case on ability of junior doctors to take breaks

The High Court is this week hearing a test case on whether a NHS trust which employed 20 junior doctors in their first years as doctors in training breached their contracts of employment when monitoring their ability to take breaks required…
Feb 16, 2018

Fit to practise?

Shazia Akhtar of Hardwicke Chambers discusses with LexisPSL Local Government a recent Court of Appeal ruling on a student's fitness to practise.
Feb 07, 2018

Flexible and vulnerable workers to benefit from enhanced employment rights: PM

Employees are to get new rights to sickness and holiday pay, Prime Minister Theresa May has announced.
Feb 02, 2018

Getting out of a fix

Alastair Currie looks at a case involving a doctor which provides useful guidance on the tricky question of fairly dismissing employees on fixed term contracts.
Jan 26, 2018

Covert surveillance of employees

Is it legal to monitor your employees by covert surveillance? Mark Stevens reports on a ruling of the European Court of Human Rights.
Jan 12, 2018

Disability discrimination by perception

Harmajinder Hayre looks at an Employment Appeal Tribunal (EAT) which upheld a finding of disability discrimination by perception.
Dec 08, 2017

Managing pregnant employees

Can you performance manage a pregnant employee? Paul McFarlane and Louise Singh consider the key issues.
Dec 01, 2017

Supply chain sustainability

LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.
Dec 01, 2017

Short term gain; long term pain?

Philip Woolham looks at incentivising employees to leave public sector pensions.
Nov 16, 2017

ICO brings 8th prosecution in 2017 over NHS employees unlawfully accessing records

A nursing auxiliary in Wales has been fined for accessing a patient’s medical records without a valid legal reason – the eighth prosecution of its kind brought by the Information Commissioner’s Office this year alone.
Nov 10, 2017

Whistleblowing and employer's knowledge

Harmajinder Hayre examines a whistleblowing case that clarifies the law in relation to employers' knowledge in unfair dismissal claims.
Nov 03, 2017

Discrimination and religious beliefs

A tribunal has rejected a claim of religious discrimination by a NHS non-executive director opposed to same-sex adoption. Catherine Casserley considers the judgment.
Oct 27, 2017

Parental bereavement

The Parental Bereavement (Pay and Leave) Bill had its second reading in the House of Commons on 20 October and its provisions should make life easier for bereaved parents at a very difficult time, writes Fiona Anthony.

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