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Leading health and social care employment lawyers
Bringing you the advice, support and guidance you need in today’s uncertain and volatile healthcare employment arena, Hempsons’ NHS, health and social care employment solicitors offer an exceptional depth of knowledge and experience derived from always having worked within the health and social care sectors.
With long-standing clients across all aspects of the health and social care employment spectrum and a thorough understanding of NHS problems, needs and re-structuring, Hempsons advises policy makers and is widely acknowledged as one of the leading UK experts in this field.
Helping with your key issues
- Driving organisational performance and maximising efficiency.
- Planning and implementing re-organisation and redundancy programmes.
- Dealing with absence and performance management issues arising in the last year.
- Sensitively managing board-level employment issues.
- Moving away from pay settlements negotiated in less financially challenging times.
Key services and issues
- Reorganisation programmes
- Redundancy arrangements
- Redundancy selection process
- Contractual variations including variation of pay agreements
- Whistle blowing and discrimination claims
- Executive performance and terminations
- Corporate transactions
- Equal pay
- TUPE
- Employee relations and industrial action
- Employment claims and disputes
- Performance and disciplinary issues
- Wrongful dismissal and breach of contract claims
- Data protection
- Outsourcing /insourcing /reprovision
- Take-overs /mergers
- Training of HR teams
- Pensions
- Diversity/equality issues
- Employment tribunal claims at all levels
- Fit and proper persons test.
Read our employment blog
Read our regularly updated employment law blog covering the latest legal developments.
Publications
- Accountable care and new care models: Understanding the workforce implications – This guidance is part of a range of documents produced by Hempsons to assist your organisation in delivering the aims of Next Steps on the NHS Five Year Forward View (March 2017) and local STP plans.
- Employment Status Guide 2016 – in conjunction with Charity Financial Group – this guide explains the fundamental principles behind employment status, the employment relationship, and the issues you should consider when dealing with employees. The guide is intended to assist anyone with responsibility for HR issues in a charitable organisation.
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Testimonials
“They are absolutely brilliant. They give sound HR advice and when they say they’ll get back to you they always do.” (Chambers UK 2013)
“This team wins plaudits for its swift response times and broad experience.” (Chambers UK 2011)
Case studiesView all
Charity merger: National Childbirth Trust
Ian HempseedWe advised the National Childbirth Trust on its merger with the Midwives Information and Resource Service (MIDIRS). We advised the National Childbirth Trust on this merger including negotiating and concluding a framework merger agreement.
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NewsView all
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(Another!) Update to the Job Retention Scheme
Yesterday afternoon (15 April 2020), the government published updated information about the job retention (furlough) scheme.
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10 legal issues arising from COVID-19 for private practitioners
Every sector of the economy in the UK and abroad is facing unprecedented challenges arising out of the current Covid-19 pandemic; the private healthcare sector is no exception. We have considered some of the legal issues that you may be facing in the current climate and how you might be able to respond to them.
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24 hour NHS retirement – piece of cake, right?
Afraid not! The process for 24 hour retirement from your NHS contract can be complex and will take quite some time. Faisal Dhalla, a partner in the specialist commercial dental team at Hempsons shares his tips and advice for ensuring your 24 hour retirement goes smoothly.
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A non-binary approach is required
A recent Employment Tribunal claim has shed light on the extent of the protection offered by the gender reassignment provisions in the Equality Act. This article looks at some of the failings of the employer in that case and highlights some of the things that your Practice may need to be thinking about when it comes to diversity and inclusion.
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A review of the Fit and Proper Persons Test
On 6 February 2019, the Government published Tom Kark QC’s report of his review of the “Fit and Proper Persons Test” (FPPT).
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Addressing COVID-19 challenges in social care: legal insights and best practices
This article explores recent cases related to COVID-19 and their implications on disability discrimination, mask and personal protective equipment (PPE) requirements, and whistleblowing.
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An employee can TUPE transfer to multiple employers
Employees really can be in two places at once (or at least TUPE transfer to two employers). See our review of ISS Facility Services v Govaerts in the European Court of Justice, overturning UK caselaw.
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Are employers too quick to suspend employees accused of wrongdoing? Court forces employer to lift eminent doctor’s suspension
The answer this month was a resounding yes in the case of Professor Marjan Jahangiri the first female professor of cardiac surgery in the United Kingdom and Europe who works at St George’s Hospital, Tooting, London.
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Are probationary periods working for you?
Do you use probationary periods for new employees? Are you confident you’re using them correctly and getting the most out of them? Julia Gray comments on their use and highlights common mistakes made by employers.
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Are your dentists really self-employed?
The issue of the self-employed status of associate dentists is also very much a hot topic at the moment – in particular, with a review HMRC has been conducting in recent times and the Employment Tribunal case of Mr A Lynn v. Damira Dental Studios Ltd.
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Being Paid to Sleep? Royal Mencap Society v Tomlinson-Blake
In Royal Mencap Society v Tomlinson-Blake the Court of Appeal has determined that workers who “sleep in” at their workplace are not entitled to receive national minimum wage for periods when they are asleep. This is because time spent asleep in this way is properly characterised as time when an employee is ‘available for work’ rather than time when they are actually working.
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Can a disability account for bad behaviour?
A recent Employment Tribunal decision 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.
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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.
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Can an Investigation be Too Thorough?
In NHS 24 v Pillar the Employment Appeal Tribunal (“EAT”) has overturned a Tribunal’s decision that a disciplinary investigation was too thorough and it was unfair to include details of prior incidents which had not resulted in disciplinary action.
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Care package retenders: TUPE or not to TUPE?
The Employment Appeal Tribunal examined the transfer of care of an individual (CE) between two service providers to determine whether his carers TUPE transferred. They did not - they were found not to be part of a team whose “principal purpose” was CE’s care. What steps should you be taking in advance of potential transfers?
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Case study: Fischer v London United Busways Ltd
This recent judgment provides a useful indication of how an Employment Tribunal could view the use of language and swearwords in cases of gender reassignment discrimination.
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Case study: Glasson v The Insolvency Service
The Employment Appeal Tribunal (EAT) recently delivered an interesting judgment in the case of Glasson v The Insolvency Service, providing a helpful reminder to employers on the importance of knowledge of a disability when deciding whether discrimination has occurred.
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Case study: Lynskey v Direct Line Insurance Services Ltd
This case serves as a reminder to employers that they need to be aware of the way in which the symptoms of menopause can impact performance and how this should be appropriately managed.
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Case study: Mercer v Alternative Future Group Ltd
The Supreme Court has held that s146 of the Trade Union Labour Relations (Consolidation) Act 1992 (TULRCA) does not protect workers who partake in strike action from detriment short of dismissal in the case of Mercer v Alternative Future Group Ltd.
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Case study: Riley v Direct Line Insurance Group PLC
This case illustrates the distinction between ‘dismissal’ and ‘termination by mutual consent’.
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Case study: Sullivan v Isle of Wight Council
The Sullivan v Isle of Wight Council judgement guides employers on protected disclosure detriment claims by external job applicants.
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Case Study: Vaultex UK Ltd v Bialas
The case of Vaultex UK Ltd v Bialas is a useful reminder of how tribunals can fall into the trap of substituting its own view of an appropriate sanction for that of the employer.
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Case study: William v Lewisham & Greenwich NHS Trust
In the case of William v Lewisham & Greenwich NHS Trust, the EAT has reiterated that in a claim for detriment arising from whistleblowing, only the knowledge and motives of the decision maker are relevant to the Employment Tribunal’s considerations.
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Changes to ACAS Code of Practice on requests for flexible working
Changes to ACAS Code of Practice on requests for flexible working
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Changes to the National Minimum and Living Wage – What are the benefits and consequences?
The National Living Wage was introduced in April 2016, which in effect created a higher minimum wage of £7.20 per hour for workers aged 25 and older. A year on, following further increases to the National Living and Minimum Wages in April 2017, what difference has this increase made to employers and employees?
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Charity Finance Group Midlands Conference 2019
Hempsons Employment Partner, Andrew Davidson, will be speaking at Charity Finance Group’s flagship event in the region – the Midlands Conference 2019.
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Colbert v Royal United Hospitals Bath NHS Foundation Trust
This High Court case involved a claimant who issued proceedings seeking an interim injunction relating to the conduct of the Trust during the MHPS disciplinary process.
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Counting the cost: Understanding your ethnicity pay gap guide
We are pleased to share our new guide: Counting the cost: Understanding your ethnicity pay gap, co-produced with NHS Providers, the membership organisation for the NHS hospital, mental health, community and ambulance services that treat patients and service users in the NHS.
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Covid-19 employment law implications for your practice
We can help you with legal issues impacting your practice as a result of Covid-19 or the practice generally. Click here for details.
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Covid-19, the employer and the self-isolating member of staff
We know that if we have Covid-19, we need to protect those around us. Whilst that is essential and mandatory, so too is self-isolation for those who have been in close contact with someone who has Covid-19; but what should workers and their employers do?
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Covid-19: Key legal considerations arising from the pandemic
Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.
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Day v Lewisham & Greenwich NHS Trust & Health Education England (2017)
The Court of Appeal has decided that Health Education England may yet be liable for whistleblowing claims brought by junior doctors, in the high profile case of Day v Lewisham & Greenwich NHS Trust & Health Education England (2017).
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Disciplinary procedures and police investigation
In the case of North West Anglia NHS Foundation Trust v Gregg, the Courts looked at when an employer should halt its own internal procedures if the police are also investigating the same matter.
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Discrimination claims when recruiting
Jon Pearce from specialist healthcare law firm Hempsons warns of inadvertent discrimination when recruiting which could result in a claim
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Don’t do Facebook
Facebook is not a good place to air workplace grievances as Mr Atherton discovered in his claim of unfair dismissal against his employer, Bensons Vending Limited. It appears staff morale was low after the company reduced its discretionary Christmas bonus due to financial constraints – the bonus becoming a gift of a bottle of alcohol.
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Don’t get crushed by staff litigation
Independent practitioners inevitably find litigation can be stressful, time-consuming and expensive. In the first of a series of three articles about the employment tribunal process, Julia Gray explains the key stages and how doctors who employ staff can avoid common pitfalls experienced by others.
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Dress codes and headscarves
Dress codes and religious clothing have been considered by the European Court of Justice (CJEU) in two cases recently and unfortunately their guidance is not as clear as it could be. The French case of Achbita v G4S Secure Solutions was reported as supporting a ban on headscarves but the actual outcome was slightly more complicated than that. The Belgian case of Bougnaoui v Micropole SA reached a slightly different decision, refusing to uphold a ban, but the case emphasised just how hard it can be to enforce a supposedly neutral dress code.
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Dress codes, headscarves and discrimination
The issue of dress codes and religious clothing has featured in the news recently, following the case brought be a Belgian receptionist in Achbita v G4S Secure Solutions. The case was reported as supporting a ban on headscarves, but the actual outcome was slightly more complicated than that.
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Employment case study: Nelson v Renfrewshire Council
In Nelson v Renfrewshire Council, the EAT has reiterated that, even if an employee chooses not to exhaust a grievance process, this is not a relevant factor when considering if there has been a breach of the implied term of trust and confidence (i.e. constructive unfair dismissal).
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Employment Case Study: Vaughan v Modality Partnership
In Vaughan v Modality Partnership, the Employment Appeal Tribunal provides guidance on the correct procedure to adopt when considering applications to amend tribunal pleadings.
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Employment law 2020 roundup and what to expect in 2021
The most notable changes to employment law in 2020 were, unsurprisingly, in response to the Covid-19 pandemic. However, there were also a small number of other developments that may have fallen below the radar but which employers should be aware of.
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Employment Newsbrief Summer 2018 now available!
Welcome to the Summer edition of the Hempsons’ Employment Newsbrief, a round-up of some of the hot legal topics in the Employment sector.
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EU workers’ healthcare qualifications to be recognised after Brexit
Regardless of which side of the Brexit debate you are on, the Government has recently provided some much needed clarity to the health sector. The Department for Health and Social Care (DHSC) has confirmed that health and social care workers with professional qualifications from the EU will be able to continue to practise in the UK, even in the event of a ‘No Deal’ Brexit.
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Extending mandatory COVID vaccination throughout health and social care
Mandatory covid vaccination in care homes was implemented on 11 November 2021. Without a valid exemption, workers will not usually be permitted access to (or be able to work in) care homes.
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Farewell to ET fees, but what next?
For the last four years, an employee wanting to take a case to an employment tribunal has had to pay a fee of up to £1,200. For many lower paid employees – or where relatively little money was at stake – this fee may have been a deterrent to starting action...
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Furlough guidance has been updated
Late on Thursday 9 April 2020, the government released the third version of the Coronavirus Job Retention Scheme guidance. Here are Martin Cheyne's first impressions of the update.
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Furlough Guidance Updated
The guidance for employers on the Coronavirus Job Retention Scheme was updated on 4 April 2020. The scheme allows employers to furlough staff and claim back part of their wages. The new guidance adds detail and some clarifications to the original HMRC guidance published on 26 March, but many questions remain.
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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.
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Gig economy: informal and flexible – but who has what rights when it all goes wrong?
In the recent judgment in Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29, the Supreme Court ruled that a plumber who paid tax as a self-employed contractor was a worker with rights to bring Employment Tribunal claims outside the contract. Jean Sapeta explains why and what it means for you.
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Global Digital Exemplars – Getting staff to adopt new ways of working
With the need to change and reconfigure the existing NHS workforce to meet the demands of new service models comes the need to ensure that the workforce are familiar with and are utilising new technology. A digitally fluent workforce is a necessity.
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GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited
The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay.
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Healthcare newsbrief: Winter 2017 edition now available
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...
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Hempsons and NHS Providers launch joint guide to tackle racial discrimination in disciplinaries
In collaboration with NHS Providers, we have published a comprehensive guide for trust leaders on how to tackle racial discrimination in disciplinary procedures and to create a more inclusive and equitable work environment.
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Hempsons Social Care Newsbrief Autumn/Winter 2018
Welcome to the latest edition of our Social Care Newsbrief.
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Hempsons welcomes new employment law partner Saira Ramadan
We are thrilled to announce the appointment of Saira Ramadan as a partner in our employment law team, based in our London office.
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Hempsons welcomes new partner to head up its employment team in London
Hempsons is delighted to announce that Jon Pearce has joined our employment team in London.
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Hempsons’ Dental Newsbrief Winter 2018/19
Welcome to the latest edition of Hempsons' Dental Newsbrief.
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Hempsons’ Employment Newsbrief
Welcome to our Summer 2019 edition of Hempsons’ Employment Newsbrief.
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Hempsons’ Charities and Social Enterprise Newsbrief: Autumn/Winter 2018
Welcome to our autumn/winter 2018 edition of Hempsons’ Charities and Social Enterprise Newsbrief.
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Hempsons’ Healthcare Newsbrief 2018
Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.
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Higher standards expected of NHS trusts before dismissal for capability
The recent case of Muller v London Ambulance Service NHS Trust has emphasised the need for NHS Trusts, as large, sophisticated employers with significant administrative resources, to take a more cautious approach and exhaust every other option before dismissing an employee by reason of capability. Mr Muller’s dismissal was found to be unfair and discriminatory, despite the fact that he had been absent from work for a year and had no predicted return-to-work date at the time he was dismissed.
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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.
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Holiday pay update
Over the last few years the courts have increasingly ruled more types of payments ought to be included in holiday pay calculations. However, the prevailing view has been that only compulsory overtime need be included...
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How will the employment law landscape change under a Labour government?
Employment law partner Saira Ramadan summarises some of the key changes outlined in Labour's recent ‘'New Deal for Working People’ paper.
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ICO guidance: handling worker health data
The Information Commissioner’s Office (ICO) has published guidance on the handling of worker health data with the aim of providing advice and examples of good practice.
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ICTS (UK) Limited v Visram
ICTS (UK) Limited v Visram: The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an employee, who was successful in his claims for unfair dismissal and disability discrimination, should be awarded compensation for loss of benefits until death or retirement.
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Implications for employers of lifting Covid-19 restrictions
The government has published its COVID-19 Response: Summer 2021 (Roadmap) setting out the details of step 4 of the roadmap out of restrictions for England. The restriction are scheduled to be lifted on 19 July 2021. Hempsons' employment law team discuss the guidance.
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In-depth investigations are key to fair disciplinary processes
The recent case of Tykocki v Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust demonstrates the importance of a fair and thorough investigation process in disciplinary cases where the allegations are serious and could consequently have career limiting implications for the employee involved.
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Is a Trial Period a Reasonable Adjustment?
What employers should note from the new EAT ruling
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Key changes to the skilled worker visa route
The UK government has announced significant changes to the Skilled Worker visa route that came into effect on 4 April 2024. Employment solicitor Henrietta Donnelly outlines the key updates.
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Latest holiday pay case in the EAT is far from a bed of roses for NHS employers
Latest holiday pay case in the EAT is far from a bed of roses for NHS employers. Flowers and others v East of England Ambulance Trust UKEAT/0235/17. Over the summer we have seen a further holiday pay case emerge which changes the holiday pay landscape and has particular significance for NHS employers.
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Making probationary periods work for you
Are you getting maximum benefit from probationary periods for new staff? Julia Gray examines the purpose and operation of probation and suggests how it can work most effectively in independent practice.
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Merson v Royal Devon University NHS Foundation Trust: lessons for employers
The case of Merson v Royal Devon University NHS Foundation Trust teaches employers not to act too swiftly when disciplining employees. Employment solicitor Rachel Levine examines the case.
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Navigating TUPE: Transferring staff to a new PCN company
The Transfer of Undertakings (Protection of Employment) Regulations 2006, better known as TUPE, offers protections for employees when a business or service provider changes hands.
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New Guidance on severance payments and approval for public sector employers
The government has published new guidance for the public sector on making termination of employment/severance payments to employees.
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New regulations providing new rights for employees are coming into force from 6 April 2023
Two new employment regulations, affecting maternity, paternity, adoption, shared parental and carer's leave come into force on 6 April.
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New rules for holiday pay
What do the Government’s new Employment Rights Regulations mean for employers calculating annual leave allowances? Rachel Levine explains.
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New year, new holiday pay rules: what do the Government’s new Employment Rights Regulations mean for employers?
After initially proposing changes last year, the Government’s new regulations relating to holiday pay and changes to the Working Time Regulations came into force on 1 January 2024. The new regulations contain some significant changes and aim to simplify or consolidate some of the processes for certain categories of workers.
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Newsflash: Employment Tribunal fees abolished
The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.
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Newsflash: Sleep-ins and National Minimum Wage enforcement
The Department for Business, Energy and Industrial Strategy (BEIS) has today announced that enforcement in relation to the National Minimum Wage (NMW) for sleep-in shifts in the social care sector will be temporarily suspended.
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Newsflash: The HSJ and Hempsons webinar on the Fit and Proper Person Test
The Fit and Proper Person Test is meant to ensure that anyone at director level in the NHS has the attributes and values needed for the job.
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NHS hospital consultant surgeon with unblemished record summarily dismissed even though no gross misconduct
The consequences of summary dismissal from a professional role for misconduct are grave and life disrupting – the abrupt loss of a hard won high status career and earning capacity, possible referral to a Regulator (GMC etc) and intense personal distress.
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No compensation does not equate to no case to answer
No compensation does not equate to no case to answer - Martin Cheyne and Zubeda Tayub discuss in the latest employment blog.
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Omar v Epping Forest District Citizens Advice
The case of Omar v Epping Forest District Citizens Advice acts as a reminder for employers not to accept verbal resignations immediately, without giving thought to the circumstances of the verbal resignation.
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Parents’ rights are bolstered
New employment law regulations came into force on 6 April 2024, improving the rights of employees and giving them more flexibility.
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Podcast: Social media uses and abuses in primary care
Social media is a complex issue in employment law. What are the rules for doctors and other professionals? Find out in our latest podcast, hosted by Robert McCartney and Rachel Levine.
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Poor Performance and Misconduct – Navigating the Minefield
“No man is an island” - this phrase is particularly pertinent in the workplace, given that many of us depend on the skills, experience, expertise or manpower of employees in order to succeed. Whilst employing staff is positive and beneficial for the most part, it also involves issues and potential liabilities, which can be difficult to manage especially for smaller employers with limited resources. This article looks at two common employment scenarios and gives guidance on how best to manage them successfully.
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Prepare your case for a tribunal
In her article last month, Julia Gray described the process of responding to an employment tribunal claim. Here she considers the steps to prepare the case for hearing or otherwise resolve the claim. Directions – also known as ‘case management orders’ – will be set out in writing by the tribunal telling the parties how to prepare the case for the final hearing.
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Protection for whistleblowing
What has whistleblowing got to do with doctors working in private practice? Isn’t that an issue relating to doctors in employment only? The recent employment tribunal case of Shoukrey v BMI Healthcare Limited shows this is not the case, warns Paul Spencer.
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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.
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Sexual Harassment in the Workplace consultation: the government’s response
The government has released its response to the consultation on Sexual Harassment in the Workplace, promising to further protections to employees who are victims of sexual harassment, whilst giving employers support to put measures in place to respond to the needs of their organisation, and provide explicit protections from third-party harassment.
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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.
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Sleep-ins – should they form a part of the National Minimum Wage calculation?
The long awaited appeal by Mencap has now been considered by the Employment Appeal Tribunal (EAT). This appeal is based on the way care is provided, predominantly in the social care sector but also has an impact on healthcare providers too. In recognition of the importance to the sector, this appeal was heard by Mrs Justice Simler, the President of the EAT, and brought together three separate appeals. Mencap operate their sleep-ins in common with most social care providers and pay a mostly flat rate sleep-in payment. They were unsuccessful in arguing that the hours during sleep-in shifts were not to be taken into account in calculating the National Minimum Wage.
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Sleep-ins – what next?
The Court of Appeal’s judgment in the Royal Mencap Society v Tomlinson-Blake is not yet the final word on sleep-ins.…
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Sleep-ins – what’s next?
The Court of Appeal’s judgment in the Royal Mencap Society v Tomlinson-Blake is not yet the final word on sleep-ins.
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Staff problems after lockdown
Doctor employers face ongoing staff management challenges as lockdown restrictions ease. Lucy Miles and Isobel Davis highlight some areas needing consideration.
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Strikes (Minimum Service Levels) Act 2023
As part of the Government’s implementation of the Strikes (Minimum Service Levels) Act, regulations for Minimum Service Levels (MSLs) for rail, ambulance, border security services and fire and rescue services were enacted in 2023.
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Successive fixed term contracts
Explore how successive fixed-term contracts interact with permanent recruitment processes with insights from Lobo v UCLH NHS Foundation Trust.
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Summer 2022 partner and associate promotions at Hempsons
With effect from 1st July 2022, Clementine Robertshaw and Rachel Croft have been promoted to partner, and Rachael Hawkin, Sam Stone, and Bronya Greatrex became our newest associates.
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The cap on public sector exit pay rears its head again
The government has recently launched a consultation exercise in relation to the introduction of a £95,000 cap on exit payments made to public sector staff.
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The delicate balance – ill health dismissals
Deciding when is appropriate to terminate the employment of an employee who has been long term absent due to ill health is a difficult decision. The Court of Appeal’s decision in O’Brien v Bolton St Catherine’s Academy [2017] EWCA Civ 145 provides some useful guidance on this issue
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The fit and proper persons requirement
The fit and proper persons requirement - how the requirement works in practice and how it might be extended in the future.
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The Good Work Plan – An Update
The Taylor Review of Modern Working Practices was published the following year in July 2017 and set out a list of over 50 recommendations which were aimed at improving the working life and employment rights of agency, casual, zero hour and low paid workers. In response to the Taylor review, the government has now published the Good Work Plan, which sets out workplace reforms focusing on “fair and decent work”, “clarity for employers and workers” and “fairer enforcement”.
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The Government’s new five-point package of measures for the immigration system has been given a timeline
The new immigration system comes into effect in April 2024. In this article we look at the key dates for visa holders.
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The implications of King v The Sash Window Workshop for backpay claims
A recent ECJ case has set out that employers can be ordered to provide paid holidays to even apparently self-employed contractors. The ECJ went on to provide that backpay holiday claims could stretch back to the worker’s commencement.
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The important distinction between positive action and positive discrimination
A recent Tribunal case has highlighted the importance for employers of knowing the difference between positive action and positive discrimination.
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The King’s Speech – Employment Law Reforms
During the King’s Speech this month, the government announced the introduction of two new pieces of employment legislation to enact the provisions of Labour’s “New Deal for Working People”.
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The National Minimum Wage, Sleep-In Shifts and the Social Care Sector – Update on HMRC Enforcement
On 26 July 2017, HM Revenue and Customs (‘HMRC’) suspended enforcement action against employers in the social care sector in relation to the National Minimum Wage (‘NMW’)/National Living Wage (‘NLW’). This decision followed on from the decision in the Mencap case (Focus Care Agency Limited v Roberts, Frudd v The Partington Group Limited, and Royal Mencap Society v Tomlinson Blake, 2017). The decision that a care worker could be “working” whilst asleep highlighted a significant liability in the care sector, where workers traditionally have been paid a fixed sleep-in allowance, and were often paid below the NMW/NLW.
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The new Employment Rights Bill: what employers need to know
In this first in a series of posts focusing on the new Employment Rights Bill, Andrew Davidson provides an overview of the bill as published.
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Time to say goodbye?
Julia Gray looks at how settlement agreements can be used effectively by employers.
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Trade Union Act 2016 – how will the legislation impact on the healthcare sector?
The Trade Union Act 2016 (“the Act”) results in significant changes to the right to strike and the power of trade unions.
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Trusts and local partners taking bold approaches to overcome workforce challenges and meet local population need
The move to integrated care and partnership working between health and care organisations can help the sector to overcome severe workforce challenges, according to a new briefing from NHS Providers with input from Hempsons.
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Upcoming legislative changes
With ongoing uncertainty surrounding the final terms under which the UK will leave the EU and whether this will take place on 29 March 2019 as planned or not, it is difficult to predict how Brexit may affect Employment Law. However, for practical purposes it seems likely that EU legislation will remain applicable in the UK (but perhaps on a different constitutional basis) unless or until it is amended by UK legislation. We are not expecting swift changes to Employment law and do not expect to see any significant changes prior to 31 December 2020 (the end of the proposed transition period).
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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.
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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.
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Updates to Furlough Guidance
In the last week the government has released two further versions of the Coronavirus Job Retention Scheme guidance. The scheme is due to go live on Monday 20 April. We know some practices have been considering furloughing staff, although it is not entirely clear whether they are eligible.
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Vicarious Liability and independent contractors – recent Supreme Court decisions
On 1 April 2020 the Supreme Court handed down two Judgments in Barclays Bank Plc v Various Claimants [2020] UKSC 13 and WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 in which the Court appears to be moving against vicarious liability. This article sets out the decision in Barclays Bank and considers the independent contractor Defence.
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Voluntary overtime v. right to holiday pay
Regular voluntary overtime be taken into account when calculating holiday pay. The EAT has confirmed in Dudley Metropolitan Borough Council v Willetts and Others that “remuneration linked to overtime work that was performed on a voluntary basis could be included in normal remuneration for calculating holiday pay”.
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What contract to use when taking on staff
Are you considering taking on staff, but unsure about the basis on which to engage them? Should you opt for a free-lancer, or offer an employment contract? This article addresses the most common questions about employment status, with particular focus on the risks and benefits of self-employment.
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What now: Vaccination as a Condition of Deployment
Yesterday evening, Sajid Javid announced a reversal of government policy to implement mandatory vaccinations throughout much of the health and social care sectors.
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What’s new in employment law…?
What’s new in employment law…? In this article we highlight some recent employment law changes and developments, which are of particular relevance to employers managing negotiations with departing employees and the financial entitlements of such staff.
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When and how should the EAT exercise its discretion to extend the time limit for submitting an appeal?
There have recently been developments on how extensions of time are considered by the EAT, with a move away from the usually stricter approach historically taken.
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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.
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When is a belief protected and is English nationalism capable of such protection?
Is English nationalism considered a protected belief? This question was brought to light in the recent Employment Tribunal case of Thomas v. Surrey and Borders Partnership NHS Foundation Trust (2024). In this article, Bronya Greatrex delves into the details of the case to explore its implications.
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Whistleblowing and Covid-19: implications and key considerations for GP practices
Covid-19 has brought safety concerns and whistleblowing protections into sharp relief. Martin Cheyne explores some implications for practices to watch out for.
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Whistleblowing dismissals – Employment Appeal Tribunal decision
Kong v Gulf International Bank (UK) Limited Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.Kong v Gulf International Bank (UK) Limited. Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.
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Workers (Predictable Terms and Conditions) Act 2023
The Workers (Predictable Terms and Conditions) Act 2023 has received Royal Assent and is expected to come into force in around September 2024.
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Zero hours and annual leave
Many employers choose to calculate holiday pay for their zero hours workers as 12.07% of their normal pay. A recent decision by the Employment Appeal Tribunal, Brazel -v- The Harpur Trust (2018), may lead to some employers rethinking this.
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