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HR / Employment Law – Updates and News – Week 33

AHR / Employment Law – Updates and News – Week 32 round up of the latest HR and Employment Law updates.

DIABETES PREVENTION POLICY FAILS TO UNDERSTAND SOCIOCULTURAL INFLUENCES

NHS England and Public Health England are currently working on evidence to implement the new national diabetes prevention programme, which will include classes in cooking and exercise.

However, Professor Greenhalgh (professor of primary care health sciences at the University of Oxford), and Dr Barry (academic trainee at Barts and the LondonMedicalSchool) are already saying that the strategy needs to be broadened if it is to reduce the incidence of diabetes.

Their reasons revolve around the programme failing to recognise the root causes of diabetes. “We hypothesise that policymakers have underestimated the complexity of socio-cultural influences that predispose to diabetes and the barriers that need to be addressed to ensure success of ‘behaviour change’ interventions”. Their suggestion is to “initiate a long-term primary prevention strategy applied at multiple levels including population and community components”.

INDEMNITY FEES

Traditionally, professional indemnity insurance has been provided by medical defence organisations but fees have been continually rising over the last few years to the extent that some GPs have maintained that they are unable to meet them. Further increases are envisaged in light of plans for access 7 days a week.

However, it has been reported that Lockton insurance brokers can offer cheaper indemnity insurance independent of the medical defence organisations. Initially, it is understood that 3 groups of GPs have obtained such insurance at an approximate saving of around 75% of their previous combined indemnity costs.

Whilst cost remains an important factor, insurance cover is vital and the medical defence organisations have hit back saying that the independent indemnity cover may not provide the same level of cover provided by them.

Given the potential savings, we anticipate that many practices will at least want to see what’s on offer independently.

FIT FOR WORK RESOURCES

The new Fit For Work resource at http://fitforwork.org has been up and running for a few weeks now, providing “Expert and impartial advice” which is “delivered by our team of occupational health professionals”.

The website has a “Live chat” facility, is accompanied by the use of an expert telephone line and is divided into 3 separate sections, for employees, employers and GPs. The website offers a wealth of resources including help for GPs to completing the Fit Note, managing sickness absence for employers and employees’ tips for a return to work,

Whilst it’s too early to tell just how well used or useful the website will be, we welcome any input from you.

UNFAIR INVESTIGATIONS

The importance of careful and documented disciplinary investigations has been highlighted recently.

Mr Hennis, a social worker employed by Oldham County Council, was dismissed in 2013 after his employers blamed him of neglecting a man who subsequently died falling from a bridge, even though there were no apparent signs of suicidal tendencies that could have alerted Mr Hennis.

Despite Council officials being adamant that they acted properly, the Employment Tribunal found that Mr Hennis has been unfairly dismissed on the basis that the Council’s investigation into the death began “with a mindset predisposed” to find Mr Hennis responsible and so was “seriously flawed”.

The Tribunal added “The investigations did not meet the standards of the reasonable employer in a case where the threshold for reasonableness needed to reflect the career-destroying implications for the claimant’s future”.

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Practice Index

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