Employment law in health and social care

We offer specialised legal services in employment law tailored specifically for health and social care organisations. Our healthcare employment lawyers are well-versed in the unique challenges and regulatory frameworks that govern the health and life sciences sector.

We provide comprehensive legal support, from advising on day-to-day employment issues such as contracts, staff management, and HR policies to handling more complex matters like employment disputes, tribunal claims and the implications of mergers and acquisitions.

Our employment law services for NHS and private health clients include:

Employment contracts and policies.
Dispute resolution and litigation.
Regulatory compliance.
Restructuring and redundancy advice.
Advisory services.
Mergers and acquisitions.
Confidentiality and non-disclosure agreements.
Training and workshops.

Our approach is proactive and focused on risk management, ensuring that our health and life sciences clients not only comply with current laws but are also well-prepared for any changes in legislation. We understand the critical importance of maintaining a stable and compliant workforce in delivering high-quality healthcare services, and we are committed to supporting our clients in achieving these goals.

We act for public and private healthcare organisations, from large acute hospitals to care homes. Whether you are a small care provider or a large healthcare organisation, we are equipped to offer the legal support you need to navigate the complexities of employment law in the healthcare sector effectively.

NHS employment law

We have a deep understanding of the intricacies involved in NHS employment law, making us a trusted partner for many NHS trusts and organisations. Our legal services are designed to address the specific needs and challenges faced by the NHS in managing its workforce. Our commitment to the NHS and its workforce is reflected in our tailored approach, where we prioritise the needs and objectives of each individual organisation.

Private health employment law

Our expertise extends to serving private health sector clients with dedicated employment law services. We understand the nuances and demands of employment law as it pertains to private healthcare providers, ranging from startups and small clinics to large healthcare corporations. Our approach is not only to resolve issues as they arise but also to prevent them through proactive strategies and comprehensive legal advice.

Legal 500 2025

"Browne Jacobson has provided us with expert employment law support over a number of years. This includes advice on employment-related issues and complex pension matters."

Meet our healthcare employment lawyers

Health employment law services

Our health employment lawyers work closely with in-house HR teams to develop and refine policies and procedures that foster a positive work environment and mitigate potential legal issues.

We assist health and life sciences clients in drafting, negotiating and reviewing employment contracts and policies that comply with NHS-specific regulations, meet the needs of private health organisations, as well as ensuring compliance with employment law standards.

We help private and public health clients navigate the complex regulatory requirements specific to the healthcare industry, ensuring that their employment practices adhere to all legal obligations.

An issue which is particularly relevant to the NHS is ensuring that any severance payments meet the regulatory requirements so that our clients are not subject to financial penalties or reviews into payments which can impact on well led status.

Our health employment lawyers work closely with our regulatory colleagues to ensure that you’re also aware of any Fit and Proper Persons issues which may arise because of the handling of employee-related issues.

Employment regulatory and compliance advice

We support our health and life sciences clients with the whole breadth of HR and employment law issues which impact on your workforce in major transactions, including TUPE, managing change, dismissal and re-engagement, worker status issues, subject access requests under GDPR, drafting key agreements and advising on contractual and policy issues.

We have worked on:

Leading national major reconfigurations in the NHS.
Mergers and acquisitions in the private and public healthcare system.
Collaborative arrangements between provider organisations and the disestablishment of CCGs and the creation of integrated care systems.

Mergers and acquisitions

In the dynamic field of private healthcare, we provide crucial support during mergers and acquisitions, addressing all employment-related aspects to ensure a smooth transition and continuity of care.

Restructuring and redundancy advice

We guide NHS organisations through restructuring processes, ensuring that any redundancy procedures are handled sensitively and in accordance with the law.

In what is inevitably a difficult and stressful process for everyone involved, we provide private health and NHS organisations with robust defence at Employment Tribunal, whilst also being empathetic and supportive with witnesses.

Our healthcare employment lawyers expertly handle a variety of employment litigation disputes, providing strategic advice and representation in matters such as unfair dismissal, discrimination cases and breach of contract.

Our vast experience in handling cases involving doctors under the MHPS procedures in the NHS and also on the withdrawal of practising privileges in the private healthcare sector sets us apart. We offer a 30-minute free triage service to our clients at the outset of a case so that we can ensure that you set off on the right track for the issues.

We ensure that we keep fully informed of the current case law and guidance in this area and regularly advise on the duties of Responsible Officers and the issue of conflicts and grievances which can arise in the context of investigations.

We offer bespoke MHPS investigations training for:

non-executive directors who may be involved in overseeing cases,
boards who wish to fully understand the risks of injunction that may be triggered under MHPS, and
for key stakeholders involved in these processes i.e., case managers, case investigators and supporting HR teams.

In some instances, private health and NHS organisations may require an investigation process to be conducted by an independent lawyer, especially in complex and sensitive investigations.

Our team of healthcare employment lawyers take a practical, common-sense approach, reaching conclusions and making recommendations without sitting on the fence and doing so in the most commercial and cost-effective way.

Expect our healthcare employment lawyers to take a keen interest in understanding you and your business. We prioritise grasping the context of your organisation and your business objectives, recognising that such understanding is crucial for conducting a fair and thorough investigation into any concerns raised.

Sensitive and high-profile workplace investigations

We’ve seen a continued focus on employee investigations in the healthcare sector covering issues such bullying and harassment arising from protected characteristics, complex employee-related investigations following the Ockenden Maternity Review through to whistleblowing (raising concerns) and sexual harassment.

In a sector which has been severely impacted by a global shortage of employee talent, looking after your people by investigating these issues has become a key part of reputation management and retaining workforce talent.

Our healthcare employment lawyers provide support to clients with the strategic case management of sensitive and high-profile investigations where the nature of the issues involved may have reputational or regulatory consequences for the organisation.

The sensitive and high-profile investigation service includes:

Supporting commissioning or case managers.
Drafting terms of reference.
Responding to correspondence during the investigation.
Advising and assisting with decision making following the investigation process to ensure that your response is in keeping with legal and regulatory requirements.

We offer bespoke training sessions and workshops for management, staff and NHS HR teams and management, focusing on key areas such as:

Risk management.
Handling grievances and disciplinary procedures.
Understanding employment rights.
Legal compliance.
Ethical employment practices.

Employment contracts and policies

Our health employment lawyers work closely with in-house HR teams to develop and refine policies and procedures that foster a positive work environment and mitigate potential legal issues.

Employment regulatory and compliance advice

We help private and public health clients navigate the complex regulatory requirements specific to the healthcare industry, ensuring that their employment practices adhere to all legal obligations.

Corporate and commercial transactions

We have worked on:

Leading national major reconfigurations in the NHS.
Mergers and acquisitions in the private and public healthcare system.
Collaborative arrangements between provider organisations and the disestablishment of CCGs and the creation of integrated care systems.

Mergers and acquisitions

In the dynamic field of private healthcare, we provide crucial support during mergers and acquisitions, addressing all employment-related aspects to ensure a smooth transition and continuity of care.

Restructuring and redundancy advice

We guide NHS organisations through restructuring processes, ensuring that any redundancy procedures are handled sensitively and in accordance with the law.

Employment disputes

MHPS investigations

We offer bespoke MHPS investigations training for:

non-executive directors who may be involved in overseeing cases,
boards who wish to fully understand the risks of injunction that may be triggered under MHPS, and
for key stakeholders involved in these processes i.e., case managers, case investigators and supporting HR teams.

Employment investigations

In some instances, private health and NHS organisations may require an investigation process to be conducted by an independent lawyer, especially in complex and sensitive investigations.

Sensitive and high-profile workplace investigations

The sensitive and high-profile investigation service includes:

Supporting commissioning or case managers.
Drafting terms of reference.
Responding to correspondence during the investigation.
Advising and assisting with decision making following the investigation process to ensure that your response is in keeping with legal and regulatory requirements.

Training, development and workshops

We offer bespoke training sessions and workshops for management, staff and NHS HR teams and management, focusing on key areas such as:

Risk management.
Handling grievances and disciplinary procedures.
Understanding employment rights.
Legal compliance.
Ethical employment practices.

Advice on complex whistleblowing and grievance investigation

We worked with an NHS Trust dealing with a sensitive grievance and concerns raised by a member of staff under the Freedom to Speak Up route.  We have worked closely with the Trust in identifying suitable commissioning managers to oversee the investigation process ensuring that a suitably independent and trained investigator was appointed and also assisted with drafting complex Terms of Reference for the process to undertake the investigation.

Our significant experience in this area has allowed us to provide both a legal and regulatory perspective which ensured that the Trust responded in accordance with the potential risk of legal action in an Employment Tribunal.  From the regulatory perspective, our advice was based on best practice guidance from the National Guardian’s office, relevant codes of practice and key aspects of learning from the recent West Suffolk review for the entire NHS.

Working as part of a much wider health law team, we have been able to offer advice to our client regarding the GDPR and public law issues (defamation, injunction and privacy) alongside HR and employment advice. This has enabled the Trust to have assurance that serious concerns have been looked into and that any appropriate further processes under disciplinary, Dignity at Work or MHPS processes were kept under consideration as part of effective decision making.

Workforce sharing agreements

The pressing need for a flexible NHS workforce during the pandemic and the creation of Integrated Care Systems has led many of our clients to think differently about how they engage their workforce.

Working with our clients in the health and social care sector, we have designed a suite of contractual agreements which allow employers to use staff more flexibly across different employing organisations. Not only does this create challenge and job satisfaction for employees but it also allows health and care organisations to meet peaks and troughs in service demand. Our documents have been used to staff virtual wards, create discharge hubs and vaccination hubs. It has also enabled clients to move away from the traditional use of honorary contracts to more appropriate workforce models such as workforce sharing agreements, data sharing agreements and licenses to attend.

Ambulance trusts

Commissioner and integrated care systems

Health and care regulatory

Health and life sciences

Health indemnifiers

HealthTech

Independent health and care

Later living

NHS acute trusts

NHS mental and community health trusts

Primary care

Jacqui Atkinson

Head of Employment Healthcare

Helen Badger

Partner

Bridget Prosser

Partner

Gemma Lynch

Legal Director

Legal 500 2025

"The Browne Jacobson team has assisted us with employment and corporate finance matters. They are experts in their subject matters and provide us with valued advice. Their speed of response and communication makes them stand out."

Chambers 2025