Employment Matters for Health June 2017

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Employment Matters for Health June 2017

Published 5 junio 2017

With the general election taking place this week, both Labour and the Conservatives have put the employment rights of the "ordinary" worker at centre stage of their manifestos. We cover the manifesto highlights in this alert.

In other news, the Work and Pensions Committee has published its report on the gig economy, with a key recommendation that there should be a presumption of worker status, with companies having to bear the burden of proving self-employed status. How this plays out will of course depend on the new government, and the Taylor report.

In this alert, we also cover a disability discrimination case which emphasises the need for employers to be flexible, where they can, in recruitment processes for disabled applicants, and (yet another) decision on the calculation of holiday pay. Finally, we take a look at a whistleblowing case which deals with the question in whose opinion a disclosure falls to be protected - the courts or the employer's?

Disability discrimination: refusal to adapt multiple choice test for job applicant suffering from Aspergers was discriminatory

Whistleblowing: trainee doctor may be able to bring a whistleblowing claim against both Health Education England and the employing NHS trust

The EAT has upheld a tribunal's decision that a job applicant suffering from Aspergers was discriminated against when her prospective employer required her to take a multiple choice test, refusing to adjust the format of the test.

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The Court of Appeal has allowed an appeal against a decision that whistleblower protection did not protect a trainee doctor from detriment by HEE.

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Whistleblowing: it's for the tribunal to decide if a disclosure is protected

Holiday pay: a series of deductions is broken by gaps of three months or more

In this case the Court of Appeal restored an employment tribunal's decision that a consultant doctor had been automatically unfairly dismissed because he made protected disclosures about patient safety.

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In this case, the EAT confirmed that, where there is a three month gap between incidents of underpayment/non-payment of holiday pay, claims will be out of time.

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Pensions: shoe company fined £40,000 by the pensions regulator for failing to meet its auto-enrolment obligations

The election: manifesto highlights

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Labour and the Conservatives both put employee and worker issues at the centre of their manifesto promises. We take a look at what the two main parties have stated.

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IR35 update - working through intermediaries

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

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