Welcome to the Healthcare sector web page.
Here you can find information about changing rules and legislation affecting the Healthcare sector, see relevant articles on employment law and find out the dates for our next workshops, where you will be able to get a legal update from our team and meet other individuals working in the Healthcare sector.
Please contact Meredith Hurst if you would like to receive more details or be invited to an event. Contact Meredith on 020 7426 4903 or telephone 020 8681 8140.
Top 3 Concerns in the Healthcare sector
- Pay issues such as National Minimum Wage, shift allowances, equal pay;
- Issues regarding working hours and absence from work such as the Working Time Regulations and sickness absence;
- Issues relating to discipline, dismissal and grievance such as following fair procedures, fair reasons to dismiss.
News relating to the Healthcare sector
THE NEW "FIT" NOTES
The new 'Statement of Fitness For Work' Certificate (better known as 'a fit note') came into use on 6 April 2010 for use by GPs. A GP is required to complete a tick-box section on the certificate to confirm whether they consider a phased return to work, altered hours, amended duties and/or workplace adaptations would enable the employee to return to work. The GP is also required to select either "you may be fit for work taking account of the following advice..." or 'not fit for work'. The GP is not required to certify that an employee is fit for work. The new certificates are unlikely to negate the requirement to obtain a specialist medical report, particularly where the employer suspects that the employee's condition may amount to a disability.
ADDITIONAL PATERNITY LEAVE AND PAY
Regulations are now in force (since 6 April 2010) providing for additional paternity leave and pay to parents of babies born (and adoptive parents notified of a match) on or after 3 April 2011. Eligible employees (usually fathers) have the right to take up to 26 weeks' paternity leave, if the mother (or primary adopter) returns to work early. Part of the leave will be paid if taken during the mother's (or primary adopter's) paid leave period. Organisations in the healthcare sector will need to ensure their policies are updated by the end of 2010 to provide for the forthcoming changes. If you need assistance drafting or updating any of your policies, contact Meredith Hurst.
TIME OFF TO TRAIN- A NEW RIGHT TO REQUEST
Employees working for employers with 250 or more employees have the right to request time off to train (since 6 April 2010) provided that they meet certain eligibility requirements. The right will be extended to all employees, regardless of the size of their employer, from 6 April 2011. To make a request for time off to train under the new rules, employees will need to have completed six months' employment and the training must be for the purpose of improving both their effectiveness at work and the performance of their employer's business.
Read our article on holiday during sickness absence. Click here
Read our article on the Court of Appeal granting an injunction to prevent an NHS Trust from disciplining a consultant. Click here
If you are interested in attending a sector event, please contact Meredith Hurst for further information.
Meet the Team
The Healthcare sector team is a group of solicitors within ThomasMansfield LLP who have a particular interest in working for clients in the Healthcare sector.
The team meets on a regular basis to discuss, for example, updates and issues arising in the Healthcare sector and to share knowledge and information affecting this sector.
Some of the benefits of using solicitors in the Healthcare sector team are that each team member has experience of advising clients within the Healthcare sector in many contentious and non contentious employment matters and they understand the needs of clients within the Healthcare sector too.
Click on the names to see a work profile.
The Team's Experience
The team has advised clients on the full range of employment law issues relating to, for example, POCA and POVA; breaches of contract; wages; termination agreements; unfair dismissal; discipline and grievance processes; restrictive covenants; TUPE; practice mergers, working time; redundancy; collective consultation, discrimination; bullying; harassment; equal pay; NMC proceedings; they have represented clients in employment tribunal/civil court claims; they have drafted contracts of employment, directors' service agreements, policies and procedures; they have been involved in mediation.
The team has acted for clients in both the private and public Healthcare sectors for example, NHS organisations such as Foundation Trusts, Care Trusts, Primary Care Trusts; Care and Nursing Homes (private and charitable); GP Surgeries/Practitioners; Speech Therapy Centres; Behavioural Units; Children's Residential Care Homes; Children's Residential Schools; companies who are providers of medical equipment; counselling organisations.
Our team members have provided extensive training to organisations within the Healthcare sector. This training has included, by way of example, hosting seminars, holding workshops and supplying our own bespoke employment law training programmes in multimedia and e-learning formats.
If you would like further information on our healthcare services, please email Meredith Hurst at firstname.lastname@example.org or telephone him on 020 7426 4903.
"Working as a partner in a busy inner city practice, I have received invaluable advice from David Gray-Jones on matters of employment law in several key cases. I have always found the advice to be highly professional, practical and timely with a particular understanding of the needs of the health service." Dr Ian Ferguson of the Mawbey Group Practice
"I would like to say that having dealt with Thomas Mansfield I found them to be informed, helpful and very efficient. I would have no hesitation in recommending your company to others".Ross Arnold, Practice Manager, St Stephens Health Centre
- www.cqc.org.uk/ (the Care Quality Commission responsible for the inspection, monitoring and regulation of health and social care in England.)
- www.cssiw.org.uk (the Care Standards Inspectorate for Wales responsible for the inspection, monitoring and regulation of health and social care in Wales )
- www.rqia.org.uk (the Regulation and Quality Improvement Authority responsible for the inspection, monitoring and regulation of health and social care in Northern Ireland )
- www.dh.gov.uk (the Department of Health)
- www.gmc-uk.org (the General Medical Council)
- www.isa-gov.org.uk (the Independent Safeguarding Authority)
- www.nationalcareassociation.org.uk (the National Care Association)
- www.nationalcareforum.org.uk (the National Care Forum)