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GDPR Your questions answered
25 May 2018 marked the introduction of the new General Data Protection Regulation in the UK in the form of the Data Protection Act 2018 and we have been answering many clients’ HR-related questions on the new legislation.
Hincks v Sense Network
It is commonly accepted that when a person applies for a job, they will usually be asked to provide a reference from their previous employer. By the same token, employers are usually willing to provide a reference for an employee leaving their employment and doing so is standard practice.
Reilly v Sandwell Metropolitan Borough Council (2018)
Would it be fair to dismiss an employee if they had failed to disclose a relationship with a person convicted of serious criminal offence (even if this was not necessarily a breach of an express term of the employee’s contract)? This question was addressed by the Supreme Court in the case of Reilly v Sandwell Metropolitan Borough Council (2018) UKSC 16. The Supreme Court also considered the standard approach to the reasonableness of a dismissal, the Burchell test.
Update – Tax changes to termination payments
Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to "clarify and tighten" (i.e. increase) the taxation of such payments.
CPS Review Confirms Collapse of 47 Sex Cases Following Disclosure Issues
The Director of Public Prosecutions (DPP), Alison Saunders, has issued an apology after a review of 3,637 rape and serious sexual assault cases revealed 47 instances where prosecutions collapsed after vital evidence was not disclosed to the Defence.
Should shared parental leave be paid at enhanced rates like maternity leave?
Not according to the Employment Appeal Tribunal (EAT). The EAT held in Capita Customer Management Ltd v Ali that maternity leave was not the same as shared parental leave, and to have pay differentials between the two was not discriminatory.
Can a disability account for bad behaviour?
The recent Employment Tribunal decision of Wheeley v University Hospitals Birmingham NHS Foundation Trust serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition employers should be cautious of departing from medical opinion.
Newsflash: Immediate custodial sentence for those who commit fraudulent claims against the NHS
In this landmark case, Sandip Atwal has been sentenced to three months in jail for his deliberate attempt to defraud the NHS and deceive the Court. He has also been ordered to re-pay £75,000 in legal costs. Sentence was passed on 01.06.18. The decision comes after Hempsons Solicitors, instructed by NHS Resolution on behalf of CHNHS FT, recently succeeded in establishing that Mr Sandip Atwal was in contempt of Court on 14 grounds for grossly exaggerating the effect of minor injuries and fraudulently claiming compensation against the NHS.
Speaking truth to power – new whistleblower rights for NHS staff and other employees
Article by Jean Sapeta. Whistle blowing protection boosts for NHS professionals.
Working group to lead medical manslaughter review announced by GMC
Hempsons’ Bertie Leigh joins the working group for Dame Clare Marx’s independent review into gross negligence manslaughter (and culpable homicide in Scotland) in the medical profession
Practice Premises – maximising value (and “minimising” time)
Practice Premises – maximising value and "minimising" time Maximising "value" is a common objective for most practitioners in one way or another. “Value” can include the value provided to patients. On the other hand, it could be the economic value of the practice and its income stream or the value of the practice 'brand' and the exposure received.
When does notice take effect?
The Supreme Court handed down a judgment last week in the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood confirming that where a contract is silent on when notice is deemed to be given, notice takes effect when it is actually received by the employee and they have read it, or had a reasonable opportunity to do so.
Contempt of Court for grossly exaggerated claim against NHS Trust
Hempsons Solicitors, instructed by NHS Resolution on behalf of CHNHS FT have succeeded in establishing that Mr Sandip Atwal was in contempt of Court on 14 grounds for grossly exaggerating the effect of minor injuries and fraudulently claiming compensation against the NHS. The Court has issued an Order confirming that Mr Atwal will be sentenced on 01.06.18.
GDPR – The Final Countdown!
GDPR - The Final Countdown! Are you ready for 25th May 2018? Make sure you don’t get caught out and seek legal advice to ensure your policies and procedures are robust and that your staff know and understand the new rules.