December 2017 Archive

Employment law Top Ten of 2017

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How will employers and HR professionals remember 2017? We thought we’d seen enough Brexit turmoil in 2016 but it paled into insignificance compared with the legal and political wranglings this year. More …

General Medical Council v Stone [2017] EWHC 2534 (Admin)

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The GMC successfully appealed a suspension order imposed against a General Practitioner for engaging in a sexual relationship with a vulnerable patient and allegations of dishonesty in relation to providing supportive letters on behalf of the patient for asset lending and benefit claims. More …

General Medical Council and others v Michalak (Solicitors Regulation Authority and others intervening) Supreme Court [2017] UKSC 71

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Professionals who wish to bring a discrimination claim against their regulator can do so in the Employment Tribunal – they are not prevented from doing so by the availability of judicial review - unless there is a specific statutory right of appeal. More …

GMC v Krishnan [2017] EWHC 2892 (Admin)

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This decision of the Queen's Bench Division, supports Ivey as good law and as the correct approach to be applied in regulatory proceedings. More …

A step in the right direction for regulatory reform?

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For over 10 years, there has been talk of reforming how healthcare professionals are regulated in the UK. In February 2017, Health Secretary Jeremy Hunt set the wheels in motion for creating a super regulator. More …

BSB Change in Standard of proof

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Currently, where a barrister is referred to a Disciplinary Tribunal for professional misconduct and the matter is not disposed of under the Determination by Consent procedure, Regulation E143 of the Disciplinary Tribunals Regulations (Part 5, Section B of the BSB Handbook) requires the Tribunal to apply to criminal standard of proof. More …

Self-employed "worker" entitled to 13 years' backdated holiday pay for untaken leave

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The European Court of Justice (ECJ) has ruled in the case of King v Sash Windows & another that a "self-employed" salesman who established worker status is able to claim holiday pay for leave he was entitled to but had not taken or had not been paid for over the entirety of his 13 year engagement. More …