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Tribunal rejects claim of religious discrimination by NHS Non-Executive Director opposed to same-sex adoption (Page v NHS Trust Development Authority)

Last week London South Employment Tribunal dismissed a claim by Richard Page for religious discrimination. The case concerned the NHS Trust Development Authority’s decision that he was not a suitable person to hold office as a Non-Executive Director in the NHS because of his conduct in publicising his opposition to same-sex adoption in the national...
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Regulatory Digest July- September 2017

Brookman v GMC [2017] EWHC 2400 (admin) -          The High Court overturned the MPTS decision to erase from the register a doctor accused of sexual misconduct. HC held that the Tribunal had erred in failing to postpone the hearing and order a further health assessment of the doctor before reaching a dec...
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Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors

Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors
The Court of Appeal has handed down its decision in Day v Lewisham NHS Trust & Health Education England in which Chris Milsom acted for the successful appellant. The case concerns the status of the relationship between Dr Day (and indeed all 54,000 junior doctors in the UK)  and Health Education England (HEE) who interviews, deploys and ma...
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Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital

Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital
The Supreme Court handed down judgment today in the case of McCann v The State Hospitals Board for Scotland [2017] UKSC 31. Cloisters’ Jonathan Mitchell QC together with David Leighton and Rachel Barrett (also of Cloisters) acted for the successful appellant, a patient in the Scottish high security State Hospital. Mr McCann objected to the introduc...
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Ms N Hubbard v The Commissioner of Police for the Metropolis

Ms N Hubbard v The Commissioner of Police for the Metropolis
Declan O'Dempsey is representing Nighat Hubbard MBE,  in her claim against the Metropolitan police.  She alleges that white colleagues were allowed to work on more complex investigations while she was not, and that male officers made discriminatory comments to her and other women. The allegations date from between 2013 and 2014 and an emp...
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Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers

Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers
In an important case for whistle-blowers, Paul Michell and Rachel Barrett have successfully argued that words ought to be read into the Utilities Act 2000 to allow the Claimant to continue his whistleblowing claim against OFGEM in the employment tribunal, in circumstances where he would otherwise be committing a criminal offence by bringing it. The...
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Adesokan v Sainbury's

Adesokan v Sainbury's
Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages. A short but important case from the Court of Appeal was released today. Given the Art 50 decision of the Supreme Court it was a good da...
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The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?

The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?
What steps are employers expected to take to comply with the Public Sector English Language Requirement? And how do they avoid discrimination challenges in the process? In its 2015 manifesto the present Government pledged the safe and high quality delivery of public services by ensuring that they are provided to an appropriate standard of fluency i...
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Neurological causation and Chester v Afshar principles considered: Crossman v St George’s Healthcare NHS Trust [ 2016] EWHC 2878 (QB)

Neurological causation and Chester v Afshar principles considered: Crossman v St George’s Healthcare NHS Trust  [ 2016] EWHC 2878 (QB)
Rodney Crossman was 64 years old when he underwent a cervical laminectomy and foraminotomy for severe neck restriction and numbness in his left arm, at St George’s Hospital, Tooting. In admitted breach of duty, the Trust had placed Mr Crossman on the waiting list for this surgery immediately after his first meeting with a consultant in February 201...
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Philip Engelman on the GRANGE v ABELLIO LONDON LTD Case

Philip Engelman on the GRANGE v ABELLIO LONDON LTD Case
Grange v Abellio London Ltd resolves an important issue relating to the approach to be taken to rights to rest under the Working Time Regulations. There were conflicting decisions of the EAT as to whether a refusal by the employer was necessary before an employee could take advantage of their rights. The EAT in Grange held that the WTR had to be co...
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