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Employment and Pensions

Employment Matters - June 2019

Published 11 junio 2019

DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.

Unfair Dismissal: Dismissal of a Christian employee for proselytising was not unfair

An NHS Trust did not unfairly dismiss a Christian nurse who had continued to proselytise to patients following a management instruction not to do so.

Working Time: The ECJ holds that employers must have a system for measuring daily working time of all workers

The European Court of Justice has held that member states must require employers to set up a system for measuring actual daily working time for individual workers in order to enable verification of compliance with working time limits. UK legislation is not consistent with this judgment.

Disability Discrimination: Blocking of internal posting for disabled employee was not disability discrimination

An employee with multiple disabilities did not suffer disability discrimination when an overseas posting was blocked because there was a high risk he would need medical attention overseas.

Disability Discrimination: Knowledge of disability

The dismissal of an employee may have been discriminatory even though the employer only found out about her disability at the internal appeal hearing.

Unfair Dismissal: Employer's failure to follow its own informal disciplinary procedure resulted in constructive dismissal

An employee of an NHS Trust who resigned in response to the issuing of an informal “Improvement Notice” in a manner which was inconsistent with her employer’s policy was constructively dismissed.

NHS Publishes Interim NHS People Plan

Following the publication of the NHS Long Term Plan, the NHS has now published its Interim NHS People Plan. The focus is not only on recruiting extra staff, but also on the steps which urgently need to be taken to improve staff retention and transform ways of working. The Interim Plan outlines how the NHS needs to recruit, retain and develop staff to meet rapidly growing demand for 21st century healthcare.

Nick Chronias

London - Walbrook

+44 (0)20 7894 6701

nchronias@dacbeachcroft.com

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

cfuller@dacbeachcroft.com

Hilary Larter

Leeds

+44 (0)113 251 4710

hlarter@dacbeachcroft.com

Unfair Dismissal: Dismissal of a Christian employee for proselytising was not unfair

By Nick Chronias

An NHS Trust did not unfairly dismiss a Christian nurse who had continued to proselytise to patients following a management instruction not to do so…

Employment Matters - June 2019's Tags

Employment Matters - June 2019