Health sector information

New and updated

• Type:

  Employment law cases

  Maternity leave: Redundancy form sent to employee's inaccessible work email address

  In South West Yorkshire Partnership NHS Foundation Trust v Jackson and others, the Employment Appeal Tribunal (EAT) held that, as long as the miscommunication came from an administrative error, an employee whose redundancy redeployment form was sent to an inaccessible work email address was not unfavourably treated because she was on maternity leave.

• Date:

  25 February 2019

  Type:

  Commentary and insights

  What do workforce equality standards mean for NHS employers?

  Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.

• Date:

  19 February 2019

  Type:

  Commentary and insights

  Trauma and stress: Supporting workers' families

  We explore the potential impact of workers' exposure to traumatic events and other stressful environments on their families and look at some of the measures that employers can take to support those families.

• Type:

  Employment law cases

  EAT rules that defamation complaint can form basis of whistleblowing claim

  In Ibrahim v HCA International Ltd, the Employment Appeal Tribunal (EAT) held that the worker's complaint that false rumours had been spread about him is an allegation of defamation and a disclosure of information that tends to show a breach of a legal obligation under the whistleblowing provisions.

• 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.

• 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.

• 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 rules on correct approach to constructive dismissal

  In Kaur v Leeds Teaching Hospitals NHS Trust, the Court of Appeal held that, in "last straw" cases, an employee may rely on earlier affirmed breaches of contract provided that the later act forms part of the series.

• Type:

  Employment law cases

  Covert recording of disciplinary panel's private deliberations was admissible

  In Fleming v East of England Ambulance Service NHS Trust, the Employment Appeal Tribunal (EAT) held that covert recordings of the private deliberations of the disciplinary panel were admissible as evidence, except for any content covered by legal professional privilege.