Articles - DAC Beachcroft

Articles

February 2018

Government response to the Naylor review

Government response to the Naylor review

The Government under James O'Shaughnessy has published its response to the Naylor review. It has broadly welcomed the Review’s recommendations and say ...

Ireland case note: General Medical Council v Dr Bawa-Garba

Ireland case note: General Medical Council v Dr Bawa-Garba

On 25 January 2018, the High Court in England and Wales delivered a judgment in an appeal brought by the General Medical Council (the “GMC”) in the UK ...

Health Real Estate Tip of the Week: EU General Data Protection Regulation – Are you ready?

Health Real Estate Tip of the Week: EU General Data Protection Regulation – Are you ready?

The NHS handles a large amount of personal data on a daily basis. The definition of personal data goes well beyond confidential and sensitive informat ...

Whistleblowing: a detriment claim can be brought against overseas colleagues

Whistleblowing: a detriment claim can be brought against overseas colleagues

The EAT has held that whistleblowing claims can be brought against co-workers who are based abroad if the co-workers have a sufficiently strong connec ...

Whistleblowing: the person subjecting a whistleblower to a detriment must be personally motivated by a protected disclosure

Whistleblowing: the person subjecting a whistleblower to a detriment must be personally motivated by a protected disclosure

The EAT has decided that, to be liable for a detriment under whistleblowing legislation, a person who subjects a worker to a detriment must personally ...

Collective Bargaining: outsourced workers not entitled to collectively bargain with "De Facto" employer

Collective Bargaining: outsourced workers not entitled to collectively bargain with "De Facto" employer

The Central Arbitration Committee has rejected a claim that outsourced workers employed at a university should be entitled to bargain collectively wit ...

Covert Surveillance: does it breach the right to privacy?

Covert Surveillance: does it breach the right to privacy?

The use of hidden cameras did violate the right to privacy of employees who were dismissed for theft, according to the European Court of Human Rights. ...

Unfair Dismissal: effective date of dismissal

Unfair Dismissal: effective date of dismissal

The effective date of termination for a summary dismissal is the date on which the employee is told that their employment has ended, even if the emplo ...

Consent – beware gaps in evidence

Consent – beware gaps in evidence

A recent Judgment in favour of a Claimant has highlighted the significant risk that consent cases pose to healthcare providers, surgeons and their ins ...

Assets .v. Labour - Labour Court decisions on Transfer of Undertakings

Assets .v. Labour - Labour Court decisions on Transfer of Undertakings

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 implement “TUPE” in Ireland. Appeals of decisions of t ...