The Employment Department acts for a number of NHS Trusts, private sector providers, insurers, GP practices, medical charities and associations as well as individuals employed in the medical profession. We provide the full remit of employment services from drafting and reviewing employment documentation to representation at the Employment Tribunal, GMC and in the civil Courts. We also provide day-to-day assistance to Human Resources personnel and managers of the business. We act for one of the largest Care Home providers in the UK which employs 20,000 staff nationally.

As a result of our experience in this sector, we are able to give added-value to our healthcare clients when advising on all areas of employment law. We are familiar with the common but complex issues that arise for healthcare providers such as data protection, TUPE, trade union recognition, Whitley terms and conditions and Agenda for Change, health and safety, confidentiality and managing investigations.

Further details of the employment work we do is set out below and a list of our areas of expertise can be found by clicking here. If you would like information about the other services our Healthcare team provides then please click here.

Employment documents

All employees are entitled to receive a statement of the minimum terms of employment as prescribed by statute. An Employment Tribunal may award compensation to the employee if such terms are not provided. The statement of terms can form part of the employee’s contract of employment. The contract governs the terms between you and the employee. We review and draft contracts to include the minimum terms but also to provide employers with as much protection as possible, bearing in mind the type of business and the job the employee is appointed to do.

It is increasingly common for employers to have a staff handbook or a collection of policies and procedures to run alongside the employment contract. These documents provide further communication between the employer and employee and can be instrumental in dealing with matters such as complaints of bullying and harassment, discrimination, or the employer’s position on health and safety, data protection or use of the email and internet at work. We can provide such policies if you do not already have them or we can review your existing policies to ensure they comply with any changes in the law and to reflect current best practice.

All employers are obliged to have and follow a minimum disciplinary and grievance procedure. Failure to do so can have financial implications in the event a successful claim is made by an employee in the Employment Tribunal. We can advise you on the basic requirements but also include additional terms to help you retain tighter control over such proceedings.

Contracts and sometimes policies and procedures form the basis of the relationship between you and your employees. Whilst they are therefore important at the start of the employment relationship, they will also be scrutinised at its termination. This will be of particular relevance to senior employees or executives from whom you may want to protect your business interests and so include restrictive covenants, garden leave or pay in lieu of notice clauses.

As a result of our significant NHS experience we are experienced in considering contractual terms which refer to Whitley Council terms and conditions and more recently Agenda for Change. We have been involved in advising clients on the interpretation of Agenda for Change and some of the disputes that have arisen with transferring employees.

A number of our healthcare provider clients engage the service of consultants. We are often requested to prepare the relevant documents to record the details of such a relationship.

Workplace disputes or potential disputes

A disgruntled employee can cost your business financially but also in terms of the time spent in dealing with complaints or claims and the affect this has on other members of staff. Our main aim when providing advice in dealing with these issues is to help our clients deal with complaints swiftly and fairly and to avoid costly and time-consuming litigation. However, sometimes litigation is unavoidable and so we always advise you on the steps you can take to be in the best possible position in the event the employee does pursue his/her complaint in the Employment Tribunal.

We guide our clients through the complaints procedure, ensuring that the compulsory statutory grievance procedure is complied with where appropriate. We can advise HR personnel overseeing the complaint and/or the line manager or senior member of staff hearing the complaint. Our team is sensitive to the stressful nature of these circumstances and the speed at which advice is required.

We have assisted our clients where mediation with an employee with a complaint has been desirable and we advise our clients on the alternative options to resolve the grievance. We are also well known for our workshops which train line managers to spot and deal with grievances but also how to avoid them arising in the first place.

Click here to download our flowchart setting out the stages of the statutory grievance procedure which must be considered when an employee makes a written complaint.

Termination of employment

There may be a number of reasons why an employer wants to terminate the services of one or several of its employees. However, the law states that there are only six potentially fair reasons for termination. In addition the dismissal must be dealt with in accordance with the statutory dismissal procedure and be fair and reasonable in the circumstances. A failure to comply with these requirements could lead to successful claims by the employee in the Employment Tribunal.

Enquiries from our clients about handling dismissals occur daily. We assist clients through this minefield and advise them on their obligations whether the dismissal be for: redundancy; conduct; capability; retirement; legal requirement; or some other substantial reason.

Click here to download our flowchart setting out the stages of the statutory dismissal procedure which must be considered when an employee is being dismissed.

A termination may be particularly sensitive if the employee is a senior executive. Often there are contractual issues to consider as well as ensuring the business is protected following the executive’s departure. We provide advice on severance packages including tax issues, compromise agreements and the enforceability of restrictive covenants.

Legal proceedings

Employment Tribunal claims by former or existing employees have steadily increased in recent years, perhaps not surprisingly with the additional rights now attributed to employees and workers. Our team has litigation specialists who have vast experience of the UK’s Employment Tribunals. If you are faced with a Tribunal claim, our team will be able to assist you from the outset in submitting your defence right through to a Tribunal hearing, should the case proceed that far. However, our approach is always a commercial one and from the start of our involvement we will discuss with you the likelihood of the success of the claim, the estimated cost of the proceedings and whether or not settlement of the claim is an option. We keep all of these factors in mind and discuss them with you throughout the course of any litigation. We are often involved in the successful mediation and/or settlement of such claims where such an outcome has been desirable for our clients.

Sometimes employers are themselves forced to consider instigating legal proceedings, for example to enforce a restrictive covenant in the employment contract of a former employee or where the employer believes an employee is responsible for misappropriating funds. We are experienced in acting for businesses in these situations. We advise clients on the type of claim that may be brought and where appropriate will issue proceedings in the civil Courts. Such proceedings are often injunctive and must be made without delay and at short notice. Our team is adept at dealing with these often stressful and fast-moving situations.

Corporate transactions and transfer of employees

Our employment team works closely with the Firm’s corporate department where employees are involved in the sale or transfer of a business. The Transfer of Undertakings (Protection of Employees) Regulations 2006 (TUPE) apply in asset transfers and out-sourcing deals and have implications for both sides of the transaction. In the healthcare sector, TUPE issues often arise where a GP partnership is being dissolved and the patients being transferred or where a care home is sold. We also advise NHS organisations in particular on the TUPE issues that can arise in situations where the responsibility for the provision of services changes. For example, where funding is moved from the NHS to the local authority. We guide our clients through this complex legislation. We apply our employment expertise to due diligence reports and disclosure letters and negotiate warranties and indemnities - at all times bearing in mind the commercial aspects of the transaction and our client’s appetite for risk and requirements. Where necessary we utilise our pension, share-scheme and tax specialists who work seamlessly with us to provide a comprehensive service.

Training, seminars and workshops and publications

We offer a vast and evolving programme of workshops and seminars looking at changes to employment law but which also offer practical advice and case studies for candidates to consider. The workshops can be targeted to HR professionals, line-managers or anyone else who may be involved in the business. They can be held at our offices or at your premises to suit you. Our workshops have become increasingly successful over the years and are extremely popular with existing and new clients alike. For a full list of our existing workshop programmes please click here. If you would like to discuss a bespoke course then please contact Sejal Raja on sejal.raja@rlb-law.com. If you would like to be added to our invitation list for details of forthcoming programmes then please contact Julia Worton on julia.worton@rlb-law.com.

We also keep in touch with our clients on a regular basis providing them with an employment law update and email alerts when an important change occurs or there is a development in the law which we want to make our clients aware of as soon as possible. Click here to see previous updates and to add your details to our mailing list if you would like to receive these updates in the future.

Examples of healthcare work undertaken includes:

Acting for several NHS Trusts that are facing Equal Pay claims following the Agenda for Change evaluation in 2004.
Defending a claim made against a Primary Care Trust for unlawful deduction from wages arising out of Agenda for Change.
Representing a GP practice in connection with claims for unfair dismissal and race discrimination made by a salaried doctor.
Acting for a Primary Care Trust and two of its employees in a stressful and disturbing claim made for sex and race discrimination based on allegations of bullying and serious sexual assault in the workplace.
Providing continuous advice to three Primary Care Trusts on the employment issues arising on the use of Bank staff.
Defending a claim for disability discrimination made by an existing employee against a Primary Care Trust.
Advising on the contractual complexities, liabilities and TUPE issues arising on the out-sourcing of projects, such as Sure Start, from the NHS.
Advising on the contractual status of “agency workers” including successfully appealing to the Employment Appeal Tribunal on behalf of an NHS Trust in which the Employment Tribunal held that the Agency Worker was not an employee of the Trust despite being engaged for more than one year.

To instruct a member of our team or for more information please contact Michael Elks at michael.elks@rlb-law.com or telephone 020 7227 7255.