Legal News

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 »
In a case on medical training, the EAT held it was an error for the tribunal to treat the NHS as one entity. The EAT said that the legal tests for reasonable adjustments need to be applied separately to each body (eg each Trust, HEE), bearing in mind for example what steps each would be... Read more »
The Supreme Court has upheld lower decisions that the claimant was a ‘worker’, entitled to claim disability discrimination and paid holiday. In Pimlico Plumbers v Smith www.bailii.org the ’employer’ sought to argue a plumber was genuinely self-employed. The plumber was treated as such for tax purposes. However he had to wear the employer’s uniform, and... Read more »