Employment services for healthcare

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. 

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.

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.