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.
In Lockwood v Department of Work and Pensions
, the Employment Appeal Tribunal has confirmed that an enhanced redundancy payment for older workers did not amount to direct age discrimination, when objectively justified by a strong social policy objective. In this case, the strong social policy objective was the provision of a 'financial cushion' for older workers that reflected the extra difficulties they experienced after losing their jobs. George Pennington explains more.
The lessons learned and recommendations set out in the Francis report are clearly intended to have an impact outside Stafford Hospital. Among many problems highlighted the report identifies:
- A lack of openness to criticism
- A lack of consideration for patients
The Francis report makes challenging reading for commissioners. It is clear that although the successive reforms to the NHS may have amounted to mitigating circumstances, the commissioners, and indeed other interested parties, failed to take adequate steps to prevent the problems at Mid Staffordshire, or to uncover and prevent them from continuing. The report recognises that the system is on the cusp of change but “the experience of Stafford shows an urgent need to rebalance and refocus commissioning into an exercise designed to procure desired standards of service for patients as well as to identify the nature of the service to be provided”.
As Mr Francis QC points out in the report, much has been said about whistleblowing during the Inquiry, and much has been written about it since the Inquiry concluded. It is clear from the report that, while Mid Staffordshire had in place a whistleblowing policy and procedure, it faced serious difficulties in the implementation of that policy.
Welcome to the January 2013 edition of Employment Eye our monthly newsletter with information on the latest employment law developments and how they should be implemented.
Diets, detox and developments in employment law have been on the agenda for many this January. It seems unlikely that the government’s ‘one-in two-out’ approach to legislation (effective from this month) will allow any let up this year especially, given the volume of reforms already on the agenda. So, in 2013, the pace of change will be fast, but Julian Hoskins’ tracker of the key changes chalked up for this year will help keep you up to speed.
The European Court of Human Rights has handed down its long awaited decision in four joined cases on religious discrimination in the workplace. The Court reached two opposite conclusions on similar facts relating to the right to wear religious symbols at work; and has also looked at balancing competing rights to religious freedom and equality of sexual orientation. Sarah Michael explains more.