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Employment Matters - October 2022 - HEALTH




Published 14 October 2022


Our pick of other developments this month are set out below.

1. NHS Pensions: Mandated pensions recycling by 2023

The government has confirmed it will require NHS trusts to offer pensions recycling by 2023. 

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2. Disciplinary process: Suspending employees

ACAS has published advice for employers about suspending staff.

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3. Privilege: When will draft investigation reports be privileged?

The EAT has held that the original version of an investigation report did not retrospectively become privileged after it was amended by the employer’s legal advisors.

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4. Disability discrimination: Covid-19

An employee who caught Covid-19 two and a half weeks before her dismissal did not have long Covid when she was dismissed and was not therefore protected by disability discrimination legislation at the time of her dismissal.

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5. EAT deadlines: EAT extends deadline for appeal where the employer’s CEO was suffering from ADHD and depression

The EAT has extended a deadline to appeal in circumstances where the CEO’s ADHD and depression were a significant factor in the employer’s failure to submit its application in time.

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6. Workers’ rights: Government publishes bill which may result in overhaul of  workers’ rights in the UK

In September, the government published the retained EU law (revocation and reform) bill which, if passed, could result in a radical overhaul of workers’ rights in the UK in 2023.

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7. Menopause: Government confirms it will not be making legislative changes to protect menopausal women

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