Jaspal Basra reports on April’s employment law developments which impact on HR: new collective redundancy arrangements; the latest on vetting and barring employees following the recent Human Rights challenge to the UK’s arrangements; doctors and social media; TCS and pay protection arrangements; new consultations on whistleblowing and simplification of auto-enrolment; quarterly employment tribunal statistics are in and we set out the new minimum wage rates, effective from October. Finally, we provide an update on where we are with the ‘ping pong’ of the ‘employee-shareholder’ scheme, which has been flying back and forth between the House of Lords and the House of Commons and has finally become law.
Two recent cases from the Employment Appeal Tribunal have upheld the fairness of dismissals where redundancy could, arguably, have simply been the pretext for the dismissal of poorly performing employees. In one case the employer recruited an employee knowing that they would be surplus to requirements and then dismissed the remaining employee; in the second case there was evidence that the employer had concerns about the employee’s capability prior to selection for redundancy. Does this show, where there is a redundancy situation, a trend towards tribunals not looking too closely at other possible reasons for dismissal? Sarah Lamont reports.
Sarah Michael provides an update on two recent employment law developments affecting the heath sector: the Government has published its ‘key early priorities’ in response to the Mid Staffordshire Inquiry, and NHS Employers has published its amendments to Agenda for Change terms and conditions of employment, incorporating the changes agreed by the NHS Staff Council.
This month’s news round-up is brought to you by Sarah Michael and covers: NHS ‘gagging’ clauses; dealing with difficult employees; caste discrimination; fit note guidance; parental leave extension; the new tax-free childcare scheme and consultation on pension protection following a TUPE transfer: and a new case on obesity and disability discrimination.
Since the publication of the Robert Francis report into the Mid Staffordshire Hospital in February, there has been a lot of discussion about the need for a culture of openness, transparency and candour in healthcare services.
Much has been said about the need for openness, transparency and candour in healthcare services, since the publication of the Robert Francis report into the Mid Staffordshire Hospital last month. One of the specific issues in this regard, raised by the report, was that individuals were apparently prevented from raising concerns about patient safety because of so-called ‘gagging clauses’ in agreements with the hospital.
Jeremy Hunt has announced today that so-called ‘gagging clauses’ in NHS settlement agreements, which seek to prevent public interest disclosures regarding patient safety and patient care, will be ‘banned’ with immediate effect.
Welcome to the February 2013 edition of Employment Eye our monthly newsletter with information on the latest employment law developments and how they should be implemented.
This month’s news round-up is brought to you by Alastair Currie and includes the latest news on: TUPE (whether it is ‘static’ or ‘dynamic’); whistleblowing; changes to unfair dismissal as a result of the recent BNP case on politically motivated dismissals; details of new guidance following the recent Eweida case on religious discrimination; and details of new developments on collective redundancy, family friendly rights and settlement agreements.
In a follow-up to our recent alert on the report of the Mid Staffordshire NHS Foundation Trust Inquiry, Julian Hoskins discusses the practical impact of the report on workforce issues, in a Q&A with Carlton Sadler - the Bevan Brittan Senior Associate who led the team advising one of the core participants in the Inquiry, the Care Quality Commission.