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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.
In a judgment issued yesterday the Court of Justice of the European Union ("CJEU") has decided that employers should take commission into account when calculating holiday pay.
This month we've had a couple of helpful judgments concerning whistleblowing. Both look at the topic of whether an employee had been subjected to a detriment because they had blown the whistle. Both of the cases highlight that employment tribunals can and should make distinctions between alleged protected disclosures themselves and the steps taken by the employer to deal with the disclosures and/or to manage the employee who has made them.
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