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.
Many will now hopefully have seen the NHS Litigation Authority 10 Years of Maternity Claims Report released on 26th October 2012 and had an opportunity to reflect on the considerable press coverage which followed. Described by David Richmond, RCOG Vice President (Clinical Quality) as "a serious wake-up call to all with responsibilities in providing maternity care" the report analyses maternity claims reported to the NHS LA as at 1 April 2010 (from incidents which occurred between 1 April 2000 and 31 March 2010) and is essential reading for those involved with the delivery of care.
Our usual review of interesting cases that have caught our attention.
In nomine Patris, et Filii, et Spiritūs Sancti. Musketeers. Bee Gees. Wise men. Whether it is the Trinitarian formula, Dumas’ swashbuckling heroes, the brothers Gibb or gift-bearing Magi from the East, many good things undeniably come in threes. With this in mind, what follows should be read as the third - and final - instalment of my series of articles on the progress of the Jackson reforms, tracing developments from the publication of Sir Rupert’s final report in December 2009 to the cusp of implementation.
The Ministry of Justice has launched a consultation into how the discount rate used to determine the amount of future losses in personal injury claims should be set. The fundamental issue at the heart of the consultation is the extent to which seriously injured Claimants should be regarded as a special class of citizens who require a higher level of financial protection than the rest of society.
Joanna Lloyd, puts a number of questions to the new Chief Executive of the NHS Litigation Authority, Catherine Dixon. Catherine was previously General Counsel and Company Secretary at the NSPCC, working as part of the Executive Team.
The Employment Appeal Tribunal has revisited the definition of ‘establishment’ in the context of collective consultation over redundancies – can a school be a separate ‘establishment’ or is the correct establishment an education department? This particular case concerned a local authority, but the principles set out by the EAT around the approach to be taken in defining establishments, are of general relevance. Victoria McMeel reports.
This ‘Halloween edition’ of our employment news bulletin is all treat and no tricks, as Mike Smith explains October’s key developments, including: new social media guidelines; some practical points on harassment from the Employment Tribunal; the new ‘shares for rights’ proposals and an update on draft legislation on equal pay audits and equalities.
When is the obligation to consult on collective redundancies triggered? When an organisation is considering a proposal that will inevitably lead to redundancies (such as complete closure of a workplace); or only when that decision has been made and consequential redundancies are proposed? It had been a settled position since 2007, that consultation should start when an employer has made a firm (albeit provisional) proposal that will result in redundancies; but this had been thrown into some doubt recently and, this month, the ECJ declined to provide some much needed clarity. Julian Hoskins traces the case law developments and summarises where we are now.
Much work has been undertaken by CQC, in conjunction with GPs across the country, to simplify and test the application process. The application forms are submitted online and CQC anticipates that they should take providers less than 2 hours to complete. However, although completion of the form itself may be straight forward, the whole process of ensuring providers are properly prepared to make the application, and geared to deal with ongoing monitoring of compliance following the grant of registration, raises important questions for GPs to consider: