One problem we never have at BB Towers is finding content for our monthly update, and this month is no exception. The Government has been busy publishing details of a major reforms to the TUPE Regulations; the Public Sector Equality Duty is set to change and new guidance is published; the latest employment tribunal statistics are out; and the Court of Appeal has handed down an important decision on discrimination compensation. We also have details of our series of client seminars on ‘lessons learned’ from the Mid Staffordshire Public Inquiry by Robert Francis QC, which is due to report on 6 February 2013.
On 23 January 2013 the NHS announced the establishment of a new £50m capital fund in the 2013-14 financial year for the improvement of energy efficiency across the NHS in order to contribute towards the NHS Carbon Reduction Strategy for England (CRS). In this alert we set out some details of the proposals together with a summary of our experience of other related energy efficiency and energy generation issues.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Whistleblowing was a key theme that emerged during evidence presented to the Inquiry; and the circumstances and environment in which staff can effectively raise concerns without fear of reprisals or criticism (whether real or imagined) is of central importance not only throughout the NHS, but for all healthcare providers.
The Chancellor’s Autumn Statement 2012 addresses the Government's review of PFI and we welcome the Government’s support for infrastructure projects as a means to reinvigorate our public services and infrastructure while creating jobs and driving economic recovery in the UK. In this article we examine a number of questions which naturally arise from the PF2 proposals.
We are holding a PF2 workshop on 17 January 2013 which will discuss these issues in greater detail.
Welcome to our December 2012 edition of Employment Eye with the latest on employment law developments. In this issue we cover the following topics:
- The law of unintended consequences: TUPE service provision changes
- If I've told you once, I've told you twice....a misconduct update
- Employment news round-up, December 2012
This month, the plums in our Christmas employment news pudding are: ‘law in a cold climate’ (dealing with severe weather related absence); next year’s statutory payment rates and limits; DH guidance on staff transfers; and an update on the review of the Public Sector Equality Duties. And Stop Press - Government announces reduced collective redundancy consultation period. Sarah Maddock reports.
John Moore reports on two recent decisions which provide useful, practical points on dealing with misconduct dismissals.
Robert Francis QC’s report into the Mid Staffordshire Inquiry is due to be issued to the Secretary of State in January 2013.
Whilst the Inquiry’s detailed findings and recommendations are awaited, an examination of the evidence identifies a range of themes to which the sector should have regard in anticipation of the final report and beyond. In this alert, we focus on the theme of the effectiveness of provider boards.
What happens if an outsourced contract expires and is brought back in-house to be run as a skeleton service, pending a new contractor being appointed to take over the outsourced contract? Would this amount to a ‘service provision change’ under TUPE, despite the fact that the client had never intended to run the service itself? Sarah Lamont considers this question in the light of a recent decision from the Employment Appeal Tribunal.