Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to HR & Compliance Centre this week, covering: disciplinary hearings; race discrimination; and employment status. 

  • Disciplinary hearings: Doctors entitled to legal representation at disciplinary hearings In Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA, the Court of Appeal held that NHS doctors subject to disciplinary proceedings are entitled to be represented at any disciplinary hearing by a qualified lawyer instructed by their medical protection organisation. (Employment Review)
  • Race discrimination: Motive does not equate with "grounds" In Amnesty International v Ahmed [2009] IRLR 884 EAT, the EAT held that, where an employer's refusal to promote an employee was essentially because of her national/ethnic origin, the employer's benign motive for its conduct was irrelevant. Nagarajan v London Regional Transport did not establish a requirement to enquire as to the employer's reasons for racially based less favourable treatment. (Employment Review)
  • Electrical contractor fails in appeal to be recognised as a worker In Clarkson v Pensher Security Doors Ltd, the employment tribunal held that the claimant was neither an employee nor a worker. The claimant appealed against the finding that he was not a worker. The Employment Appeal Tribunal dismissed his appeal and held that the tribunal had not erred in reaching its conclusion that the claimant was not a worker. (Personnel Today)

Also

Week beginning 19 October 2009
Week beginning 12 October 2009
Week beginning 5 October 2009
Week beginning 28 September 2009
Week beginning 21 September 2009
Week beginning 7 September 2009
Week beginning 24 August 2009
Week beginning 10 August 2009
Week beginning 27 July 2009
Week beginning 20 July 2009
Week beginning 13 July 2009
Week beginning 6 July 2009
Archive: January to June 2009
Archive: July to December 2008
Archive: January to June 2008
Archive: July to December 2007
Archive: January to June 2007
Archive: July to December 2006