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Following on from the Francis Report, the CQC have launched the new Fundamental Standards through which they will regulate all health and social care providers. A major limb of the new Standards is the requirement that all Board level director appointments within those providers must satisfy a new Fit and Proper Person test (FPPT). This deals with the 'well led' domain of the new inspection regime, and addresses the expectation that health and social care leadership has a benchmark as well as the care itself. The NHS needs to be compliant already, and for all other providers, compliance will be mandatory from 1 April 2015.
For further information please see here or contact:
Katy Horner, Partner+44(0)117 918 firstname.lastname@example.org
Corinne Slingo, Partner+44(0)117 918 email@example.com
Tim Russell, Adviser+44(0)1962 70 firstname.lastname@example.org
Happy New Year to all our readers. We hope you enjoyed the festive break. 2015 is likely to be a busy year for HR professionals and employment lawyers: shared parental leave and pay becomes available on 5 April and a range of employment issues will be debated in the run up to the general election.
The pressure on NHS providers to improve performance whilst also embracing rapid transformative change shows no sign of abating.
Sir David Dalton’s Review “Examining new options and opportunities for providers of NHS Care” was published on Friday 5th December 2014. The Review sets out a number of recommendations focussed on achieving a greater consistency of quality across NHS service provision, assisted by speeding up the transactions required to implement the required models of care.
On 21-22 October 2014, Unison will challenge the legitimacy of the employment tribunal fees regime at judicial review for a second time. The High Court has the power to quash the law, order a review of the law as well as making a declaration.
Unison's first application for judicial review was rejected by the High Court back in February 2014. However, the High Court firmly left the door open for a further application once the long term impact of employment tribunal fees was known. With Ministry of Justice statistics showing a steady reduction in claims of around 70-80% from the pre-fee levels, Unison successfully appealed in September 2014 and won the right for the judicial review to be heard afresh in the High Court next week.
In May there were a lot of interesting developments in employment law. We've already alerted you to one of these: the British Gas case concerning commission and holiday pay. There are lots of discrimination cases covered in this alert, as well as a helpful case where the EAT found the dismissal of an employee, who tested positive for cannabis, was fair and it was not necessary for her employer to carry out any further investigation.
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