Insight
Capsticks represents Trust in successful defence of High Court challenge to exclusion under MHPS
22/04/21
A recent High Court judgment highlights the importance for employers to demonstrate a clear, balanced and proportionate decision-making process when considering exclusion under MHPS.
Insight
CQC report finds “a worrying picture” of DNACPR decision-making
21/04/21
The Care Quality Commission has published its final report on their special review into ‘Do Not Attempt Cardiopulmonary Resuscitation’ (DNACPR) decisions taken during the COVID-19 pandemic. We summarise the findings and what they mean for providers.
In the News
Housing case law - April 2021
20/04/21
Read our monthly housing case law update, which includes recent cases from courts in England and Wales that are relevant to the #ukhousing sector.
Insight
Chief Constable of Police not liable for acts of discrimination committed by the IOPC but liable for acts of discrimination by misconduct panels
19/04/21
In the case of Chief Constable of Avon and Somerset Constabulary v Eckland, the Chief Constable was hold liable for any disability discrimination which determined disciplinary allegations against the claimant police officer.
Insight
Updated guidance on meeting the duty of candour
19/04/21
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 imposes a duty of candour on health and social care providers. The CQC has updated its guidance, making clear the requirements and circumstances in which it must be applied.
Insight
The Paterson Inquiry: A whole healthcare system response one year on
16/04/21
The Paterson Inquiry reviewed how Ian Paterson had been able to practise in this way across both the NHS and private sector and with a view to identifying systemic improvements to ensure that patients are properly protected and compensated.
Insight
Employment Tribunal finds that a disabled police officer had been harassed by ‘diet’ comments made in connection with her disability
15/04/21
An Employment Tribunal has upheld claims of disability discrimination, failure to make reasonable adjustments and harassment brought by Detective Constable Kerry Moth against the Chief Constable of Devon and Cornwall Police.
Insight
European Court of Justice rules on the question of standby periods and working time
06/04/21
The European Court of Justice has set out the factors to be taken into account to decide when standby time should be counted as working time under the Working Time Directive.
Alert
New shared ownership model lease – what registered providers can expect
01/04/21
The Government has announced further guidance on the much anticipated new model of shared ownership lease, as reported by Inside Housing on 1 April 2021.
Supreme Court rules that care workers are only entitled to national minimum wage for the times they are awake for the purposes of working
23/03/21
The Supreme Court upheld the Court of Appeal’s decision that workers required to do sleep-in shifts were only entitled to National Minimum Wage when awake for purposes of working.
Procurement case law - winter 2020/2021
19/03/21
In this update, Capsticks’ procurement specialists summarise two important procurement cases for bidders and contracting authorities from winter 2020/2021.
Housing case law - March 2021
18/03/21
Read our monthly housing case law update, which includes recent cases from courts in England and Wales that are relevant to the #ukhousing sector.