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Employment Matters - November - NHS HEALTH

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By Hilary Larter, Zoë Wigan and Ceri Fuller


Published 16 November 2022


This month there has been a particularly interesting case looking at settling future claims in a settlement agreement.

In light of the recent ballots for strike action in the NHS, we are holding an online seminar for HR professionals and managers on Thursday 1 December 2022 at 9:30am. This session will explain the legal and practical consequences of strike action and the measures employers can take to mitigate the impact on the operation of NHS services. If you would like to join this session then please click here to book your place.

Our pensions partner, Beth Brown, has also written an article on pensions in the context of TUPE transfers. If you missed it, you can find it here.

1. Settlement agreements: Unknown future claims cannot be waived by settlement agreements

The Scottish EAT has held that settlement agreements cannot be used to settle unknown future claims.

2. Unfair dismissal: Internal appeals and vanishing dismissals

The dismissal of an employee “vanished” as a result of her successful internal appeal, even though she did not wish to return to work (EAT).

3. Disability discrimination: Dismissal of an employee whose autism influenced their conduct was neither unfair nor discriminatory

The EAT has upheld a tribunal’s decision that an employer’s dismissal of an autistic employee for crossing professional boundaries was fair and objectively justified.

4. Government backed future legislative change: The government has backed a number of bills dealing with issues which have previously been consulted on:

a. Carer’s leave

The government has announced that it is backing legislation which will give a day one right to carer’s leave to employees providing or arranging care.

b. Extension of redundancy protection for employees returning from family leave

Provided the bill is passed protection from redundancy while employees are on family leave will be extended so that it applies after the return from family leave.

c. Sexual harassment: Duty to prevent sexual harassment

Legislation will introduce a new duty on employers to prevent sexual harassment as well as bringing back employers’ liability for sexual harassment by third parties at work.