Legal News

In deciding whether an individual claiming EqA victimisation acted in bad faith, the primary question was whether they acted honestly in making the allegation. The claimant was likely to fail his final assessment to become a Consultant Cardiothoracic Surgeon, and raised a grievance about a racist mark allegedly made some four years previously. He claimed... Read more »
The Court of Appeal upheld a decision by the GMC to disclose an expert report to a patient despite the patient’s data being mixed with personal data of a doctor, who objected to its disclosure. A patient had complained to the General Medical Council about his GP. An expert report was produced in which personal... Read more »
NHS job applicants are now protected if they made (or appear to have made) a protected disclosure in previous NHS employment. New regulations took effect in May 2018 making it unlawful for NHS employers to discriminate against an applicant because it appears to them that the applicant made a protected disclosure. These are The Employment... Read more »
The Court of Appeal considered how far sleep-in care sector workers were entitle to the national minimum wage. The court in Royal Mencap Society v Tomlinson-Blake  (bailii.org) held that sleep-in care sector workers who were expected to sleep but could be called for assistance during the night were not entitled to the minimum wage while asleep.... Read more »
Diana Kloss’s latest blog looks at implications of a Court of Appeal decision which held an employer liable for actions of a GP providing pre-placement medical examinations. In current occupational health practice, in-house directly employed OH departments are becoming less common and independent OH providers are taking over. OH professionals, especially nurses, may be directly... Read more »
The government will allow coverage of caste discrimination to develop through case law, rather than including it expressly in the Equality Act. Caste is not expressly included among the protected characteristics in the EqA. However the Employment Appeal Tribunal in Chandhok v Tirkey (2014) held that in at least some circumstances caste should fall within... Read more »