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Hempsons’ Social Care Newsbrief
Will NHS England’s plan to ‘de-risk’ GP premises leases work?
Bryn Morgan assesses NHS England's plan for other NHS bodies to take on the liabilities for GP practice leases.
Partner and associate promotions
We are delighted to announce this year’s round of partner and associate promotions, providing a major boost to our Healthcare Litigation and Real Estate teams.
Part 36 offers – what happens when they have been withdrawn?
BritNed Development Limited v ABB AB and ABB Limited [2018] EWHC 3142 (Ch) In this case Mr Justice Marcus Smith’s Judgment on costs offers sets out guidance on how Courts can give weight to Part 36 offers which were made but subsequently withdrawn during the main action.
Foreseeability and causation in clinical negligence cases
This article summarises the law on foreseeability and causation in clinical negligence cases. It focuses on what a claimant needs to prove and the development of the law in these areas.
Keep it legal – informed consent
Montgomery five years on: how has the landscape changed for medical practitioners?
Newsflash: The HSJ and Hempsons webinar on the Fit and Proper Person Test
The Fit and Proper Person Test is meant to ensure that anyone at director level in the NHS has the attributes and values needed for the job.
Newsflash: Private GP Services – not under my roof!
Recently published NHS England guidance on the new GMS contract (Click here to read guidance), outlines a new blanket ban on GPs advertising and hosting private GP services from within their surgery premises. The changes mark a sea change and are potentially a major threat to a number of existing practice business models.
Sharing staff across a network
The concept behind primary care networks is to bring practices together and work in an integrated way across Directed Enhanced Services (DES). The payments for DES include staff, so they will be working across the practices and different employers.
Hempsons’ Employment Newsbrief
Welcome to our Summer 2019 edition of Hempsons’ Employment Newsbrief.
Higher standards expected of NHS trusts before dismissal for capability
The recent case of Muller v London Ambulance Service NHS Trust has emphasised the need for NHS Trusts, as large, sophisticated employers with significant administrative resources, to take a more cautious approach and exhaust every other option before dismissing an employee by reason of capability. Mr Muller’s dismissal was found to be unfair and discriminatory, despite the fact that he had been absent from work for a year and had no predicted return-to-work date at the time he was dismissed.
Don’t do Facebook
Facebook is not a good place to air workplace grievances as Mr Atherton discovered in his claim of unfair dismissal against his employer, Bensons Vending Limited. It appears staff morale was low after the company reduced its discretionary Christmas bonus due to financial constraints – the bonus becoming a gift of a bottle of alcohol.
Disciplinary procedures and police investigation
In the case of North West Anglia NHS Foundation Trust v Gregg, the Courts looked at when an employer should halt its own internal procedures if the police are also investigating the same matter.
The cap on public sector exit pay rears its head again
The government has recently launched a consultation exercise in relation to the introduction of a £95,000 cap on exit payments made to public sector staff.