Employers must record workers’ daily working time
23/05/19
The European Court of Justice (CJEU) has ruled that employers must keep records of all hours worked by each worker in order to ensure compliance with the working time limits in the Working Time Directive.
Court of Appeal confirms that inquest conclusion of ‘suicide’ should be determined on balance of probabilities
21/05/19
In the case of Maughan (2018), the Divisional Court determined that the criminal standard of proof (‘beyond reasonable doubt’) is no longer required for a Coroner to return a conclusion of death resulting from suicide.
Court of Appeal rejects appeal against dismissal for improper conversations about religion with patients
14/05/19
The Court of Appeal unanimously dismissed an appeal against an ET decision where a Trust, represented by Capsticks, had dismissed the Claimant for gross misconduct after she initiated inappropriate conversations about religion with patients.
Top Social Care insights - May 2019
02/05/19
Read our roundup of the top insights from across the social care sector.
Court of Appeal upholds complaint of race discrimination against NHS Trust
16/04/19
The Court of Appeal has upheld a complaint of race discrimination against a NHS Trust—a reminder that where discrimination can be inferred, it is the employer's responsibility to show that it did not occur.
EAT overturns finding of discrimination against NHS Trust
26/03/19
The Employment Appeal Tribunal (EAT) recently overturned and Employment Tribunal's (ET) decision that a Trust’s treatment of a woman on maternity leave amounted to pregnancy and maternity discrimination under the Equality Act 2010.
Court of Appeal: compensatory rest breaks do not need to be continuous
19/03/19
The Court of Appeal found that a compensatory rest break does not need to be provided as a continuous 20 minute period.
The Duty of Candour – are you doing it right?
11/03/19
The CQC has recently fined an NHS Trust for not complying with the Duty of Candour by virtue of a delay in providing an apology to the family as required by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
Reducing reliance on agency staff: NHS Improvement proposals on admin, estates and off-framework agency staff
28/02/19
NHS Improvement have launched a consultation on the proposals about the use of off-framework agency workers to fill non-clinical and unregistered clinical shifts and the use of admin and estates agency workers.
No Extension of Legal Aid for Inquests
26/02/19
The government has issued a final report following its long-anticipated review of legal aid for inquests.
Another healthcare contract suspension is maintained: Central Surrey Health v NHS Surrey Downs CCG
22/02/19
The Technology and Construction Court has maintained the suspension of adult health and social services contract, thereby preventing a commissioner from entering into a contract with its preferred bidder.
GP Partnership Review – Final Report: Overview of the Primary Care Network Recommendation
20/02/19
Capsticks' examines the seven core recommendations from the GP Partnership Review. This edition looks as Recommendation 5, which outlines how Primary Care Networks should be established and operate.