News
News
News
Must read
Must read
Must read
Features
Features
Features
Webinars
Whistleblowing: Detriment and Dismissal Cases
In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.
Webinars
The Landmark Listen: Public Podcast – Standing
David Blundell QC, Richard Turney and Miranda Butler provide a detailed overview of the decision in the Good Law Project challenge and case law on the link between standing and timing in judicial review.
Sponsored articles
What is the role of the National Trading Standards Estate & Letting Agency Team in assisting enforcement authorities?
Robert Brown, Principal Solicitor at Powys County Council, recalls joining the National Trading Standards Estate & Letting Agency Team (NTSELAT) and explains how the team can help legal officers in enforcing their council's statutory duties.
Webinars
Is Omeprazole the new EDS?
Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
More features
Understanding the key staffing issues in Local Government Reorganisation
Sarah Lamont sets out some of the main employment considerations arising out of the Government’s plans for local government reorganisation.
Employees and social media posts: the Court of Appeal in Higgs v Farmor’s School
The Court of Appeal recently ruled that a school worker’s dismissal for gender-critical social media posts was discriminatory. Luke Green and Emma Ahmed set out some key learning points from the case.
TUPE transfers: I object! Yes, but why?
Hannah Bollard provides some practical tips for employers on how to deal with cases where an employee objects to being transferred under TUPE.
Protected beliefs and the Equality Act 2010
An employment tribunal recently ruled that belief in the ability to predict the future is not protected, but, asks Jackie Morris, should we have seen that coming?
A widening of worker status?
Charlotte Tosti analyses a landmark case in the Employment Tribunal over the question of whether foster carers are “workers” and can bring claims in the employment tribunal.
Work-related stress: a key issue for employers
Debra Gers looks at the support employers can provide in relation to work-related stress.
Engaging with all allegations
In a recent case, the Employment Appeal Tribunal (EAT) has highlighted the importance of addressing all issues identified in a list of issues, including those not originally pleaded, writes Michael Halsey.
Comments about accents
The Employment Appeal Tribunal (EAT) has ruled that comments about an employee's accent can amount to race-related harassment under the Equality Act 2010, even without evidence of discriminatory intent. Alastair Fatemi analyses the judgment.
Raising new substantive arguments at appeal stage
The Employment Appeal Tribunal (EAT) has ruled in a case involving a local authority that it would not be in the interests of justice to allow a claimant to raise a new argument on appeal, despite acknowledging an error in the Tribunal’s decision. Gareth Edwards explains why.
LGPS fund management reforms
The Government has announced the creation of pension ‘megafunds’. Mark Radford looks at the key points.
Fire and re-hire: increased protective awards
The Government has revived a draft order on increased protective awards for failures to follow the statutory Code of Practice. Georgia Blesson looks at what this means for employers.
Whistleblowing: Detriment and Dismissal Cases
In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.
Wiping the slate clean - tips and tactics on how best to achieve settlement in the ET
In this webinar Nick Singer and Karolina Zielinska consider how to get the most out of negotiation and judicial mediation for your clients. Given the ever-increasing cost and stress associated with Tribunal proceedings, settlement firmly remains an attractive option when considering how best to resolve a claim for claimants and respondents alike.
Disability-related absences and dismissal
Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.
The Employment Rights Bill 2024 – What’s in, What’s out, and What’s next
Louise Singh, Suzanne Nulty and Ben Daniel break down the key points from Labour's flagship Employment Rights Bill.
USDAW v Tesco: the end of fire and rehire?
Benjamin Gray looks at the lessons to be learned from the Supreme Court's recent consideration of a "fire and rehire" case.
Procedural steps not taken by employee irrelevant to constructive dismissal claim
An employee’s failure to fully complete every step of an internal grievance process will not impact their right to claim constructive dismissal, according to the recent ruling by the Employment Appeal Tribunal (EAT) involving a local authority. Sharmin Chowdhury analyses the judgment.
Positive action v positive discrimination: how to avoid crossing the (thin blue) line
To what extent can employers appoint or promote someone because they have a protected characteristic that is under-represented in their organisation? Jo Moseley analyses a recent Employment Tribunal ruling involving a police force.
What next for employment law?
Hanna Davies looks at the Labour Government’s plans for overhauling employment law.
The strategic importance of maintaining a positive workplace culture
Gareth Edwards recently reported on the upcoming new mandatory duty to take reasonable steps to prevent sexual harassment in the workplace, which is due to come into force on 26 October 2024. In this follow-up piece, he discusses how the new sexual harassment law highlights the strategic value of maintaining a positive workplace culture.
The new law on sexual harassment in the workplace: what is it and why does it matter?
From 26 October 2024, employers will be under a new legal duty to take reasonable steps to prevent the sexual harassment of staff at work. Gareth Edwards takes a closer look at the background of the new law and what it will mean in practice.
Job fraud on the rise: the new recruitment challenge
Laura Hayward looks at the challenges faced by employers and recruitment agencies in managing situations where employees try to work more than one full-time job concurrently.
Local authority employers - What's in a name?
Mispronouncing someone’s name can have significant implications, as shown by a recent Tribunal ruling, writes Sarah Harnett.
Workplace investigations demystified
Jenny Arrowsmith and Jake Marshall set out ten lessons from the tribunals when it comes to the conduct of workplace investigations.
Restructure and redundancy
Christian Grierson provides a refresher on the key principles around restructuring and redundancy.
Equal pay: the material factor defence
A fire and rescue service has successfully defended an equal pay claim even though the claimant and comparators were engaged in 'like work' for the period of the claim. Jessica Scott-Dye analyses the case.
Changes to the code of practice on fire and re-hire
Following last year’s consultation, the Government has published an updated draft statutory code of practice on ‘fire and re-hire’. Michael Halsey looks at the key changes.
Outsourcing the problem: equal pay and local authority trading companies
Doug Mullen looks at the complex issues around equal pay that arise with local authority trading companies.
The top five employment cases that will shape 2024
Rebecca Denvers identifies the cases which will have a big impact on employment law and HR policies and practices over the next 12 months.
Expressing lawful views at work
Should employees be able to express their lawful views at work? Jo Moseley examines a case where Acas got into murky waters.
More features
Local Authority Insight Series: Local Authority Companies – How to Make Them Work
In this webinar, three highly experienced public commercial lawyers explore the background and future of local authority-owned companies, examining the pressures and complications they face, the factors behind their creation and look at how councils can best manage their external companies to avoid the pitfalls that have led some to fail.
Local Authority Insight Series: Monitoring Officers
Everything you wanted to know about being a monitoring officer but were afraid to ask. Philip McCourt and Suki Binjal, two of the profession’s most experienced MOs, look at how the nature and the profile of the role is changing.
ICS lessons
Three months on from the commencement of the new statutory Integrated Care Systems (ICS) Anja Beriro and Gerrard Hanratty reflect on the main themes and issues that have come from the new relationship between local government and health.
Local Authority Insight Series: Regime change - the Liberty Protection Safeguards - LexisNexis
LexisNexis take a look at how the new Liberty Protection Safeguards work in practice when they replace the Deprivations of Liberty Safeguards (DOLS)
Draft Mental Health Bill now published
Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.
Local Authority Insight Series: A balancing act – Public Sector employment post - Covid
This webinar by LexisNexis looks at Public Sector employment post - Covid; identifying and managing the potential pitfalls of the ‘new normal’ for public sector employers.
Building systems
James Arrowsmith looks at the lessons to be learned from a recent report on integrated Local Health Systems produced by LGiU and Browne Jacobson.
Mental Health Act reform – draft legislation now announced
In the Queen’s Speech this week, it was announced that draft legislation would be brought forward to reform the Mental Health Act in England and Wales. Alex Ruck Keene looks at what we know so far.
Discharging patients into care homes at the start of the pandemic
A challenge to a Government policy of discharging hospital patients to care homes at the start of pandemic has been partly upheld. Dominic Ruck Keene analyses the judgment.
CCGs, Covid vaccinations and best interests disputes
The Court of Protection has confirmed again that clinical commissioning groups (CCGs) must act with urgency to resolve best interests disputes on Covid-19 vaccinations, write Leah Selkirk and Ellie Maudsley.
The Covid-19 inquiry is coming
What does the Covid-19 inquiry mean for local authorities? Olivia Carter and David Owens explain.
Local Authority Insight Series: Making Highways Fit for the Future
Join Ruth Stockley, barrister at Kings Chambers, and Chris Burgess of Norfolk County Council for an in-depth discussion that addresses the legal issues and obstacles involved with adapting highways for a low carbon future and the legal tools available to local authorities.
Health and Care Bill 2021: The role of local authorities in Integrated Care Systems
In the latest in a series of comment pieces on the Health and Care Bill 2021, Anna Hart, Charlotte Burnett and Hamza Drabu consider how local authorities and combined authorities will engage with Integrated Care Partnerships and Integrated Care Boards.
Local Authority Insight Series - Effectively tackling ASB
Join expert Housing barrister, Kuljit Bhogal and Susan Taylor, Senior Solicitor at Capsticks as they outline the latest thinking for social landlords on effectively tackling ASB.
An overview of the legal framework for paying GP practices for premises costs
David Lock QC unpacks the changing model of delivering NHS primary services in the UK.
Local Authority Insight Series - the Liberty Protection Safeguards
ON-DEMAND WEBINAR: Alex Ruck-Keene and Emma Harrison look at how the new Liberty Protection Safeguards will work in practice when they replace the Deprivations of Liberty Safeguards (DOLS) next year.
The COVID-19 Inquiry: Preliminary thoughts on its scope and efficacy
Fiona Scolding QC, Christopher Jacobs, Carine Patry, Ben Fullbrook and Alex Goodman offer some preliminary thoughts on the scope of the public inquiry into the handling of the Covid-19 pandemic inquiry, scheduled to commence in 2022, focusing in particular on the inquiry’s “terms of reference”.
Vaccinating 12 to 15 year olds
Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.
The Court of Protection and “the most complex Covid patient in the world”
Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
Local Authority Insight Series - Local Authority Duties in Intercountry Adoption
ON-DEMAND WEBINAR: Ruth Cabeza, barrister and author of the text, International Adoption, from Harcourt Chambers and Joy Hopkinson, Principal Social Care Lawyer from London Borough of Lambeth, discuss the issues for local authorities dealing with overseas placements both in a private and public law context.
Discharging medically fit children from hospital during a shortage of accommodation
Gemma Brannigan explains how two NHS Trusts recently obtained a High Court Order to require a child to be removed from hospital.
Reporting restrictions in end of life cases
Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.
Long-term leave under s.17 Mental Health Act
Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.
What does the COVID pandemic mean for the standard of care?
What is the impact of the COVID-19 pandemic on the interpretation of the appropriate standard of care? Chris Bright QC, John Coughlan QC, Gemma Roberts, and Neil Shastri-Hurst explore the key implications.
Vaccination – looking at all the relevant circumstances
Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
Health and Care White Paper: opportunities for local authorities
Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
The Covid-19 vaccine and capacity
A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.
Community Treatment Orders: does seeing patients remotely suffice?
Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.
Ripping up the Mental Health Act - the journey continues
The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis. Sophy Miles sets out the key points.
The inherent jurisdiction, deprivation of liberty and out of hours applications
The Court of Appeal recently set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached. Alex Ruck Keene analyses the ruling.
More features
Provision of same-sex intimate care
A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
Court of Protection case update: April 2025
Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
High Court guidance on Article 3 engagement in care at home cases
David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
‘Stitch’, capacity and complexity
Alex Ruck Keene KC (Hon) examines a High Court judge’s masterclass in capacity determination.
Issuing proceedings in best interests cases
Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
Court of Protection case law update: March 2025
Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
How does the Welsh Government intend to reform the regulation and inspection of social care in Wales? Luke Williams and Eve Piffaretti look at the latest developments.
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
Will individuals in receipt of NHS Continuing Healthcare soon be able to opt for Direct Payments? Eve Piffaretti and Luke Williams set out the Welsh Government’s proposals.
What is the right approach to Care Act assessments?
The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
Disabled people in immigration bail: the duties of the Home Office and local authorities
The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.
Capacity, insight and professional cultures
Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
Court of Protection update: February 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Setting care home fees
The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
Court of Protection Update - December 2024
Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
Capacity and civil proceedings
Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
Recovering adult social care charges via insolvency administration orders
Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.
Court of Protection case update: October 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
Communication with protected parties in legal proceedings
Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.
The way forward for CQC – something old, something new….
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
The Ombudsman, DoLS and triaging – asking the impossible?
Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.
Outsourcing and the Human Rights Act 1998 – the consequences
Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.
Commissioning care and support in Wales: new code of practice
The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
Care and support for disabled and elderly people during ‘Lockdown 2’ in England - key legal considerations
- Details
Steve Broach and Sian Davies consider the implications of the second lockdown for people in need of care and support and the families and professionals involved in their lives.
DHSC care home visiting guidance
- Details
The Department for Health and Social Care has published its eagerly awaited care home visiting guidance for England. Alex Ruck Keene sets out the key points.
DP v London Borough of Hillingdon: Interim Declarations and the impact on Standard Authorisations and s21A Proceedings
- Details
Kathryn Kember looks at the important implications a recent Court of Protection case may have for both legal and social care professionals who are regularly involved in s21A proceedings.
Winter Plan: Impact on the deprivation of liberty safeguards
- Details
In the third in a series of articles by barristers at 39 Essex Chambers on the Winter Plan, Neil Allen considers whether the government's guidance on self-isolation constitutes a deprivation of liberty for those with reduced capacity.
Discharging obligations to P and the court
- Details
Alex Ruck Keene reports on a salutary tale where a local authority was found to have failed an 18-year-old man with autism.
The Winter Plan and the right to family life
- Details
In the second of a three-part series from 39 Essex Chambers on the Government’s Adult Social Care: COVID-19 Winter Plan 2020-2021, Steve Broach looks at the implications for the right to respect for private and family life.
Jobs
Jobs
Jobs
Head of Legal Shared Service
Up to £89,000 per annum
Head of Governance & University Solicitor
Up to £66,537 per annum
Senior Lawyer - Advocate
£46,731 - £49,764 per annum
Director of Legal and Governance (Monitoring Officer)
£88,185 per annum
Locums
Locums
Poll
Events
Events
Events
Directory
Directory
Directory
