Yes, subject to due consultation and their role being redundant.

A settlement agreement can provide a good way for the parties to draw a line under the employment relationship whether by redundancy or otherwise, but are not mandatory and employers should use these where appropriate with advice from their solicitors. The Employees will be signing away their rights and the agreement can capture other terms for instance on confidentiality and post termination obligations – non bad mouthing, non solicitation etc. However to be binding the employee(s) will need to consult solicitors and may not be appropriate if the redundancy is straightforward and unlikely to be challenged and/or in circumstances where employees are only offering basic redundancy pay with no incentive for the employee(s) to sign away their rights. 

There are specific rules and procedures to follow where employees are contemplating 20+ redundancies within a 90 day period at one establishment with significant fines of 90 days uncapped pay per employee for failure to inform and consult if the correct procedures and timings are not followed (including election of employee representatives and minimum consultation periods prior to redundancies being declared (30 days for 20-99 and 45 days for 100 or more staff). We recommend seeking advice as soon as possible if you are contemplating collective redundancies. 

There is an expectation of meaningful consultation for individual redundancies, and requirement to consult with employee representatives collective redundancies are contemplated which should, again, be meaningful and with a view to seeking agreement if possible. This would normally entail face to face meetings. If that is not possible we recommend employers and employees (and their representatives where applicable) seek to agree ways to undertake consultation in a meaningful and safe way.

Whilst it may not be a mandatory requirement to offer employees who are made redundant a right of appeal, it is good practice to do so and will assist employers to address any procedural or other issues to ensure due consideration of all relevant factors and, may assist employers to defend any subsequent Tribunal claim.

It is possible for birth injuries to be caused by a number of potential errors made by hospital staff, including but not limited to:

• not detecting distress signs shown by the baby, such as an irregular heartbeat or low blood sugar level
• not delivering the baby quickly enough
• trying to deliver the baby naturally when it is in an unconventional position.

Yes. Any injured patient under 18 years of age is considered a child. This means they lack ‘capacity’ to bring the claim themselves and a litigation friend is appointed to bring the claim on the child’s behalf. The litigation friend is often a parent or guardian to the child. However, the court can decide that a different party would be suitable (such as a family friend or a solicitor).

The litigation friend is appointed by the court and must first satisfy certain criteria, such as being able to conduct the claim in both a fair and competent manner in the best interest of the child. A litigation friend must also file and serve a certificate of suitability.

Doctors and nurses within A&E departments are working in extremely pressurised environments and are required to treat patients at speed and in a safe manner. The law states that junior doctors are judged to the same standard as their more experienced colleagues, even though many junior staff will be on a steep learning curve.

A&E doctors and nurses are often not expected to decide upon a definite diagnosis since an ailment could be representative of a vast number of conditions. However, they are expected to place the patient on the correct pathway which will eventually lead to the correct diagnosis. A&E doctors and nurses are also expected to triage patients correctly so that the most urgent cases are addressed first.

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Some of the most common injuries from negligent diagnosis and treatment within A&E departments are:

·         Fractures

·         Meningitis

·         Aortic aneurysm

·         Cauda Equina Syndrome - i.e. damage caused to the bundle of nerves below the end of the spinal cord.

It is possible for injuries to occur naturally during childbirth. However, unfortunately, errors are sometimes made by hospital staff which can cause injuries. Hospital staff are expected to be able to recognise risks and take the necessary preventative actions. Some examples of possible errors include:

·         Delayed caesarean section causing damage to other organs, nerves or blood vessels

·         Warning signs being missed in relation to placental abruption (i.e. the placenta is dislodged from the uterus wall prior to childbirth)

·         Incorrect administration of anaesthetic (in terms of quantity) which can cause brain damage, nerve damage and unnecessary pain.