Legal Session: Learning from Employment Tribunals

* Please note this session is for HPMA members only**

*This session is for those in HR/OD/ Workforce roles**

Summary:

This session will delivered by Marsha Thompson (Partner) and Laura Horovitz (Legal Director) from Capsticks. It will explore the key issues which have emerged from a number of high profile Employment Tribunal cases in the NHS over the past year, and look at what lessons can be learned from those cases. It will include case studies which will put into practice the learning points highlighted from the judgments, for managers and HR professionals. It will also include information on how to prepare for an Employment Tribunal hearing, including do’s and don’ts for witnesses.

By the end of this session you will:

1. Have an understanding of a number of key Employment Tribunal cases concerning the NHS over the past year, and the lessons learned from those cases;
2. Understand how to implement that learning in practice, using worked examples; and
3. Know how to prepare for, and give evidence at, an Employment Tribunal hearing.

We will leave space at the end for Q+A.

Facilitator

Marsha Thompson (Partner)

Marsha joined Capsticks in 2018 and is a Partner. Marsha trained and qualified with a regional firm in 2008 before moving to Slater and Gordon Lawyers, London in 2013.

Marsha has more than 15 years' experience advising clients on all aspects of employment law. She spent several years advising employees/individuals prior to joining Capsticks and was able to bring her insight of dealing with employment matters on behalf of employees and claimants. At Slater and Gordon, Marsha acted for doctors, healthcare workers, civil servants, police officers, emergency service workers, union members and other public sector workers.

For the past five years, Marsha has provided comprehensive support and advice to our public sector and private healthcare clients on HR and ER issues and regarding all aspects of employment law.

Marsha delivers employment law support and advice to our healthcare clients in addition to providing support via our 30 minute free hotline. This includes:

• Advising Trusts on risk and strategy in relation to a number of sensitive Employment Tribunal claims.
• Delivering training to Trusts on a range of workforce issues as an "added value" offering.
• Advising Trusts in relation to MHPS matters involving senior doctors.

Marsha has particular expertise in conducting Employment Tribunal cases from inception to final hearings. Marsha assists our healthcare clients to defend Employment Tribunal claims, ranging from unfair dismissal claims to high value, complex discrimination claims, whistleblowing and victimisation claims. She also conducts her own Preliminary Hearings on behalf of her clients.

Marsha regularly provides strategic advice to our healthcare clients on day-to-day employment related matters, such as performance management, family friendly rights discrimination, redundancy, the handling of disciplinaries and grievances and sickness absence management. Marsha also has experience of drafting settlement agreements, employment contracts, HR policies and staff handbooks.

Marsha frequently delivers training sessions to our NHS clients and to NHS HR networks on a variety of employment law topics, including handling investigations, equality and diversity, discrimination, staff networks, organisational change and medical terms and conditions.

Marsha has been instrumental in driving forward the firm's equality, diversity, inclusion (ED&I) strategy. She is also an active member of the firm's CREATE network which promotes ethnic diversity across the firm and the divisional representative for the firm's women's network (OWN).

• Advised a Trust on a widely reported Employment Tribunal case involving a religious discrimination claim.
• Assisted with a whistleblowing investigation involving senior clerical staff within a clinical department.

Laura Horovitz (Legal Director)

After working in the City for four years, Laura joined Capsticks in 2010 to specialise in employment healthcare law. She was promoted to Legal Director in September 2020. Laura conducts complex and sensitive cases, specialising in litigation work for Acute Trusts and the Metropolitan Police. She has also developed expertise in IR35 and doctors disciplinary issues and regularly provides training to NHS managers and HR professionals.

Laura advises on capability and conduct concerns about doctors, and manages high profile and complex Employment Tribunal cases (all types of discrimination, dismissal, whistleblowing and contract claims) and High Court proceedings. Laura has become a “go to” lawyer for clients on IR35 and MHPS issues, and matters involving tight deadlines, sensitive handling of witnesses, media attention and wider safety concerns.

• Complex whistleblowing and unfair dismissal claims arising from the dismissal of a consultant and a nurse, involving multiple Tribunal and EAT hearings, advice on GMC proceedings and FOI requests, and careful handling of queries from the press and the CQC.
• Handling a claim from 15 bank interpreters and their union, for unfair dismissal, redundancy payments and failure to inform and consult.

Date: Tuesday 15th October 2024

Location: Online

Time: 09:30 start, finish 11:00

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Event Venue

Online