Employment Healthcare Briefing: July 2024

22 July 2024

Welcome to our Employment Healthcare briefing, bringing you a roundup of what’s happening in the world of employment law that is relevant to healthcare employers.

With the general election set to take place on 4 July we look at what a new government could mean for employment law.

We also consider a range of recent case law decisions including the Supreme Court’s decision on trade union detriment and human rights. We also look at a recent EAT decision which confirms that settlement agreements can be used to waive unknown future claims providing the wording is clear. On the theme of settlement agreements, NHS Employers has updated its guidance for employers on the use of settlement agreements and confidentiality clauses. We’ve also looked at a recent whistleblowing case and a decision about fixed terms contracts and locums in the NHS.

As ever, if you’d like to discuss any of the issues highlighted, or for a chat about anything else which we may be able to help you with, please do get in touch.

General election: What a new government could mean for employment law

The upcoming general election in the UK has the potential to bring significant changes to the country's employment law. With the possibility of a new government being formed, it is important to understand how this could impact employers. In this article, we explore the potential changes that could be made to employment law and what they could mean for businesses and individuals alike.

Trade union detriment and human rights: Supreme Court delivers its decision

The Supreme Court of the United Kingdom has recently delivered a significant decision on the relationship between trade union rights and human rights. The case, which involved a trade union member who claimed that he had been subjected to detrimental treatment by her employer for her union activities, has important implications for both employers and employees. In this article, we explore the details of the case and its potential impact on the legal landscape.

NHS Employers guidance on the use of settlement agreements and confidentiality clauses

The NHS Employers have recently released new guidance on the use of settlement agreements and confidentiality clauses. The guidance aims to provide clarity on the use of these agreements and ensure that they are used appropriately and fairly. This article explores the key points of the guidance and what it means for employers in the healthcare sector.

Employment tribunal case analysis: Mr M Temperton v Greater Manchester Mental Health NHS Foundation Trust

This article analyses recent cases from the UK Employment Tribunal providing insights into their outcomes. We cover a range of topics, including discrimination, unfair dismissal, and whistleblowing. Join us as we delve into the details of these cases and explore their significance in the world of employment law.

Tribunal decision on successive use of FTCs exceeding four years’ service and objective justification

The UK Employment Tribunal has recently considered whether a trusts use of successive fixed term contracts was objectively justified. This ruling will be of interest to employers who use similar practices and considers the key requirements to succeed in an objective justification argument.

Settling future claims: Insights from Clifford v IBM 2024

We discussed the recent case of Clifford v IBM and its implications for settling future claims. The case has brought to light the importance of carefully drafting settlement agreements to ensure that they cover all potential future claims. This article provides insights into the case and offers guidance on how to draft effective settlement agreements.

Updates to the consultant 2003 contract

The consultant terms and conditions of service and model contract have been updated with amendments made to schedules 13, 14 and 29.

New pay circular

The salaried dental TCS and model contract have been updated with amendments made to schedules 3 and 16, along with a new pay circular. There is also refreshed the appraisal guide for salaried dentists.