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  • Type:
    Employment law cases

    Notice to department did not constitute resignation from employer

    In East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) held that an employee's letter of notice to her department did not amount to a resignation from the respondent's employment because the wording used was ambiguous.

  • Date:
    5 September 2018
    Type:
    Commentary and insights

    Local authority pay and grading structures

    This article looks at the pay structure for local authority employees, set out in the National Agreement on Pay and Conditions of Service (the Green Book).

  • Date:
    4 September 2018
    Type:
    Commentary and insights

    Redundancy payments and procedures in local authorities

    This article looks at the framework for making compensation payments on redundancy and local authority redundancy policies in general. It also looks at various Government proposals for reforms to public-sector exit payments.

  • Type:
    Employment law cases

    Victimisation: Focus of test for bad faith is honesty, not motivation

    In Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the primary question, when deciding if an employee acted in bad faith, is whether or not the employee acted honestly in making the discrimination allegation, not the employee's ulterior purpose.

  • Date:
    20 August 2018
    Type:
    Commentary and insights

    Discipline and dismissal of senior officers in local authorities

    This article looks at local authority discipline and dismissal procedures for senior officers, and the involvement of councillors in other disciplinary action.

  • Type:
    Employment law cases

    Vicarious liability: No duty of care to staff when defending civil claims

    In James-Bowen and others v Commissioner of Police of the Metropolis, the Supreme Court held that, when defending a claim of vicarious liability, the Commissioner did not owe a duty to her police officers to take reasonable care to protect them from economic and reputational harm.

  • Type:
    Employment law cases

    Discrimination arising from disability: Withdrawal of job offer after reference highlighting absences

    In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.

  • Type:
    Employment law cases

    Unfair dismissal: Dismissal without notice where no single act of gross misconduct

    In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal (EAT) held that the summary dismissal of a surgeon was fair where the trust had relied on a pattern of conduct, but there had been no single act amounting to gross misconduct.

  • Type:
    Employment law cases

    Court of Appeal clarifies approach to discrimination arising from disability

    In City of York Council v Grosset, the Court of Appeal held that the dismissal of a teacher for showing an 18-rated film to his pupils amounted to discrimination arising from his disability, even though the school had not been aware that the teacher's conduct was linked to his disability.

  • Date:
    24 May 2018
    Type:
    Commentary and insights

    Local authority posts and functions subject to regulation

    This article looks at the roles of local authority senior officers and the factors that local authority employers should take into account when appointing senior officers. It also explores other regulatory requirements specific to recruitment in local authorities.

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