Employment services for healthcare
Employment law has always been fast paced and ever changing, but as we’ve seen from global employee activism in recent years, social media can now play an increasing part in the world of employment law. The pace of change, alongside the regulations and guidance which impact on the delivery of healthcare, means you need employment lawyers who understand the rapidly changing world of managing people in a healthcare setting.
We act for public and private healthcare organisations, from large acute hospitals to care homes, supporting our clients with managing people and finding pragmatic solutions to deal with day-to-day employment issues as well as more specialist issues such as industrial action, which in the current cost of living climate is seeing a resurgence across all sectors including healthcare.
What we do
We’re also here to help support healthcare clients across a range of matters, from workforce issues for start-up organisations through to advising on employment issues in major acute private or public hospitals. Our team is led by partners who have all chosen to specialise in healthcare employment and we work in partnership with you to understand what’s important to your organisation, how we can tailor our services to work most effectively for you and how we can best achieve your objectives. We have worked on the leading national major reconfigurations in the NHS, mergers and acquisitions in the private and public healthcare system and most recently on collaborative arrangements between provider organisations and the disestablishment of CCGs and the creation of Integrated Care Systems. Through our experience, we can support our clients with the whole breadth of HR and employment issues which impact on your workforce in major transactions, i.e. 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.
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. We work closely with our regulatory colleagues to ensure that you’re also aware of any Fit and Proper Persons issues which may arise as a result of the handling of employee-related issues.
"Their strengths are responsiveness and excellent contextual legal advice; they are extremely supportive."
Employment litigation can be expensive and nerve wracking for all involved. It goes without saying that our team provides a service which ensures that you have a strong team of lawyers who understand the law and best practice in defending Employment Tribunal claims. It’s equally as important to ensure that our lawyers are empathetic and supportive with witnesses giving evidence in response to litigation in what is inevitably a difficult and stressful process for everyone involved.
Handling Complex Doctors Issues under MHPS or the withdrawal of practising privileges
One of our areas of expertise which sets us apart from competitors is our vast experience in handling cases involving doctors under the Maintaining High Professional Standards procedures in the NHS and also on the withdrawal of practising privileges in the private healthcare sector. 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.
Post-pandemic we’re seeing an increasing number of serious issues being investigated from conduct to capability and also involving team breakdowns. 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 training in this area 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.
"Bridget is astute and can identify the strengths and weaknesses in complex cases quickly and efficiently. Bridget is an outstanding and tactical practitioner who is able to position her clients like a Chessmaster to achieve great results time after time. She is head and shoulders above a very good rest at the firm."
In the last 12 months, 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.
We 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. This service includes supporting Commissioning or Case Managers, drafting Terms of Reference, responding to correspondence in the course of 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.
In some instances where the matter is particularly sensitive or complex or internal resource is simply stretched, organisations may require an investigation process to be conducted by an independent lawyer. We’re able to assist in sourcing a suitably experienced team of employment lawyers with experience of handling complex and sensitive investigations.
We 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 lawyers to want to get to know you and your business. We are curious about understanding the context of your organisation and your business objectives as we appreciate that context is often key in conducting an even-handed fact-find into the concerns raised.
"The quality of work and thoroughness is exceptional. Their knowledge is fantastic and they always advise in a direct, straightforward manner that is easy to understand. They give me options where they exist and explain the benefits and downsides to both, in short they give me everything I need and expect."
We’re also here to help support healthcare clients across a range of matters, from workforce issues for start-up organisations through to advising on employment issues in major acute private or public hospitals. Our team is led by partners who have all chosen to specialise in healthcare employment and we work in partnership with you to understand what’s important to your organisation, how we can tailor our services to work most effectively for you and how we can best achieve your objectives. We have worked on the leading national major reconfigurations in the NHS, mergers and acquisitions in the private and public healthcare system and most recently on collaborative arrangements between provider organisations and the disestablishment of CCGs and the creation of Integrated Care Systems. Through our experience, we can support our clients with the whole breadth of HR and employment issues which impact on your workforce in major transactions, i.e. 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.
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. We work closely with our regulatory colleagues to ensure that you’re also aware of any Fit and Proper Persons issues which may arise as a result of the handling of employee-related issues.
"Their strengths are responsiveness and excellent contextual legal advice; they are extremely supportive."
Employment litigation can be expensive and nerve wracking for all involved. It goes without saying that our team provides a service which ensures that you have a strong team of lawyers who understand the law and best practice in defending Employment Tribunal claims. It’s equally as important to ensure that our lawyers are empathetic and supportive with witnesses giving evidence in response to litigation in what is inevitably a difficult and stressful process for everyone involved.
Handling Complex Doctors Issues under MHPS or the withdrawal of practising privileges
One of our areas of expertise which sets us apart from competitors is our vast experience in handling cases involving doctors under the Maintaining High Professional Standards procedures in the NHS and also on the withdrawal of practising privileges in the private healthcare sector. 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.
Post-pandemic we’re seeing an increasing number of serious issues being investigated from conduct to capability and also involving team breakdowns. 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 training in this area 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.
"Bridget is astute and can identify the strengths and weaknesses in complex cases quickly and efficiently. Bridget is an outstanding and tactical practitioner who is able to position her clients like a Chessmaster to achieve great results time after time. She is head and shoulders above a very good rest at the firm."
In the last 12 months, 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.
We 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. This service includes supporting Commissioning or Case Managers, drafting Terms of Reference, responding to correspondence in the course of 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.
In some instances where the matter is particularly sensitive or complex or internal resource is simply stretched, organisations may require an investigation process to be conducted by an independent lawyer. We’re able to assist in sourcing a suitably experienced team of employment lawyers with experience of handling complex and sensitive investigations.
We 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 lawyers to want to get to know you and your business. We are curious about understanding the context of your organisation and your business objectives as we appreciate that context is often key in conducting an even-handed fact-find into the concerns raised.
"The quality of work and thoroughness is exceptional. Their knowledge is fantastic and they always advise in a direct, straightforward manner that is easy to understand. They give me options where they exist and explain the benefits and downsides to both, in short they give me everything I need and expect."
Featured experience
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.
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 & 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.
Key contacts
Jacqui Atkinson
Head of Employment Healthcare
Helen Badger
Partner
Bridget Prosser
Partner
Testimonials
"Highly accessible and willing to engage. High levels of professional knowledge and willingness to meet client demand."
"The team have made it their business to develop a close relationship with us and their support has been invaluable."
“Their strengths are responsiveness and excellent contextual legal advice; they are extremely supportive.”
"Flexible and approachable. Responsive to a range of needs. A range of expertise to deal with the matter in hand."
Related expertise
You may be interested in...
Opinion
The NHS pay deal – are all Agenda for Change staff eligible?
Opinion
Further three-day junior doctors strike announced for June
Opinion
Pay deal reached for Agenda for Change employees
Published Article
Third Party Harassment – haven’t we been here before?
Opinion
Injunction means nurses’ strike will be cut short
Published Article
Supporting employees with mental health issues
Opinion
Further industrial action announced as RCN reject pay deal
Opinion
NHS pay deal – is this the end of the dispute?
Opinion
Plans to amend NHS pension rules to bolster NHS workforce approved by government
Opinion
Increase to 20 hour limit on supplementary employment for Health and Care Worker visa holders
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Opinion
BMA issues medical locum rate card for junior doctors
On-Demand
Employment update webinar
Opinion
Menopause and the workplace
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Rising Employment Tribunal backlog
Opinion
Menopause and the NHS workforce addressing the female brain drain…
Opinion
4-day working week a success?
The Covid-19 pandemic drastically changed the world’s way of working, with increased flexibility being greatly desired by employees. Earlier on in the year, a number of organisations trialled the concept of a 4-day working week – which has clearly been a success for many.Legal Update
Coming of age
Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021.
Published Article
How AI and technology can transform the healthcare sector
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
Opinion
World Cup 2022 – how employers can avoid scoring an own goal!
The World Cup kicks off in Qatar on Sunday 20 November 2022, with the final taking place on Sunday 18 December 2022. Undoubtedly, this is a huge sporting event, and many employees will be keen to show their support for their favourite teams. However, due to the time difference, start times for the matches are between 10 a.m. and 7 p.m. UK time, which could have an impact on employers if employees who wish to watch the matches are scheduled to work.
Legal Update
IR35 rules here to stay after government U-turn
Legal Update
Redundancy consultation and selection concerning expiry of a fixed term contract – EAT put the spotlight onto a ‘selection pool of one’
In Mogane v Bradford Teaching Hospitals NHS Foundation Trust the Employment Appeal Tribunal (EAT) considered whether it was fair to dismiss a nurse as redundant on the basis that that her fixed-term contract was due to expire before that of her colleague.
Opinion
Lying on your CV – what can possibly go wrong?
The majority of people do not feel the need to embellish their CV to get that coveted position and move on up the career ladder. Their worthiness and benefit to the hiring organisation are easily demonstrated through the recruitment process – application, psychometric testing, selection day or interview.
Opinion
Internal reports and privilege
In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.
Opinion
IR35 rules to be scrapped from April 2023
Opinion
Revoking and reforming EU law
The Government has published the Retained EU Revocation and Reform Bill which, if passed, provides for the revocation of all “EU-derived subordinate legislation” (i.e. UK statutory instruments which were introduced to implement EU law) and retained direct EU legislation on 31 December 2023, unless legislation is specifically introduced to save them.
Opinion
Gender equality
Legal Update
Public sector exits – your chance to input to HM Treasury consultation
This month, HM Treasury issued a consultation on Administrative Control Process for Public Sector Exits with draft guidance. They’re proposing to introduce an expanded approvals process for employee exits and special severance payments, and additional reporting requirements. If approved, the proposals will impact public sector bodies and those that do not have a specific right to make exit payments.
Opinion
Covid-19 vaccine beliefs held to be religious in nature
In Wierowska v HC-One Oval Limited, the Employment Tribunal had to determine whether the Claimant’s beliefs in relation to Covid-19 vaccines amounted to religious beliefs for the purposes of the Equality Act 2010.
Opinion
Unions bowled over by strike legislation
As of 21 July, two separate pieces of legislation came into force which seeks to mitigate against strike action. It should come as no surprise that this is a direct response to the rail strikes, which have dominated the news in the last couple of months.
Legal Update
Gender Identity v Gender Beliefs
We have seen a flurry of recent EAT and ET decisions demonstrating the difficulty that employers face in trying to balance different protected characteristics in the workplace. In this article, Lucinda Chaplin and Will Carter, associates in our employment team, explore the principles from these recent cases, and the workplace implications of them.
Opinion
The Government confirms it has no plans to make menopause a protected characteristic
With menopause cases reaching Employment Tribunals at a record rate, there had been speculation about whether the Equality Act 2010 (EqA 2010) could be amended to include specific protection for menopause.
Legal Update
Can long Covid amount to a disability?
On 7 May 2022, the Equality and Human Rights Commission (EHRC) tweeted “Discussions continue on whether ‘long Covid’ symptoms constitute a disability. Without case law or scientific consensus, EHRC does not recommend that ‘long’ be treated as a disability.”
Opinion
Long Covid and whether this amounts to a disability
The recent Employment Tribunal decision in Mr T Burke v Turning Point Scotland, Case no.4112457/2021 found that long-Covid amounts to a disability.
Published Article
Menopause in the Workplace
Menopause has become an increasingly discussed topic, with high-profile women talking about their own experiences across a variety of media channels. As awareness is rising in the public arena, it has highlighted the question on how the menopause should be treated at work and what employers should be doing to support their employees affected by menopause.
Opinion
Bill to establish an “Office of the Whistleblower”
Baroness Kramer has now introduced the Protection of Whistleblowing Bill as a Private Members’ Bill, starting in the House of Lords.