Health sector information

New and updated

• Type:

  Employment law cases

  Case round-up

  Claire Benson, Rebekah Martin and Poppy Fildes, associates at Addleshaw Goddard, detail the latest rulings.

• Date:

  9 December 2009

  Type:

  Employment law cases

  Smith v Oxfordshire Learning Disability NHS Trust

  The Employment Appeal Tribunal has held that a sleep-in payment was not an allowance for the purpose of the national minimum wage. Therefore it should not be excluded from the calculation of the hourly rate paid by the employer.

• Date:

  28 October 2009

  Type:

  Employment law cases

  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.

• Type:

  FAQs

  What rights do doctors in training have under the Working Time Regulations 1998?

• Date:

  1 September 2003

  Type:

  Employment law cases

  Mid Staffordshire General Hospitals NHS Trust v Cambridge

  In Mid Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566 EAT, the EAT held that an employer's failure to carry out an assessment to enable a decision to be reached as to what steps would be reasonable to prevent a disabled employee or prospective employee from being at a disadvantage amounts to a breach of the duty of reasonable adjustment under section 6 of the Disability Discrimination Act 1995.

• Date:

  1 November 2000

  Type:

  Employment law cases

  Working time: Doctors' on-call time at work was "working time"

  In Sindicato de Médicos de Asistencia Pública (Simap) v Conselleria de Sanidad y Consumo de la Generalidad Valenciana, the ECJ rules that all of the time spent on call by teams of doctors providing primary care at health centres was "working time", within the meaning of the EC Working Time Directive, if they were required to be at the health centres.

• Date:

  8 March 1991

  Type:

  Employment law cases

  Contracts of employment: Doctors' hours under attack

  An employer's right to require overtime from an employee who is under a contractual obligation to be "on call" for a specified number of hours in excess of his basic working week, is subject to the employer's implied duty to take reasonable care not to injure its employee's health, holds the Court of Appeal in Johnstone v Bloomsbury Health Authority.

• Date:

  1 May 1986

  Type:

  Employment law cases

  Discriminatory retirement age

  In Marshall v Southampton and South-West Hampshire Area Health Authority (26.2.86) EOR7E, the European Court of Justice rules that compulsory retirement of men and women at different ages contravenes the EEC Equal Treatment Directive.