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GDPR – are you ready?
Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.
Healthcare newsbrief: Winter 2017 edition now available
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...
“Sleep-ins” – a bad dream?
Sleep-ins have become a difficult and worrying problem for many social care providers in recent years. It is an issue live in current politics and one which is subject to regulatory intervention and litigation.
The end of DOLS?
On 13 March 2017, the Law Commission published its report on the Deprivation of Liberty Safeguards (“DOLS”) with proposals for their replacement.
Client Spotlight – Future Directions CIC
Our client spotlight focuses on Future Directions CIC, a not-for-profit social care provider based in Oldham. Future Directions was originally set up in 2012 as a subsidiary of Calderstones NHS Trust, and spun out to become a separate entity in April 2015. It is a values-based organisation that believes by living out its values it makes a real difference to people’s lives. We spoke to MD Paula Braynion about the organisation’s journey so far, the challenges it has faced, and plans for the future. Paula previously worked in the NHS as a Director of Operations, Deputy Chief Executive and Director of Nursing.
Newsflash: NHS England publishes draft contract for accountable models of care
Following a period of public consultation on the draft MCP contract framework, NHS England has published the first version of a model contract for accountable care organisations (ACOs) for use by both Multi-Speciality Community Provider (MCPs) and Primary and Acute Care System (PACS) led models in the NHS.
Newsflash: New tactics required in intellectual property litigation from the Autumn
There have long been restrictions on owners of certain types of IP making “unjustified threats” of infringement action to third parties. Coupled with the fact that the maker of an unjustified threat (which could include a law firm on behalf of its client!) can face legal action, and a claim for damages; this has always been an area which requires careful consideration.
Newsflash: Employment Tribunal fees abolished
The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.
Newsflash: Sleep-ins and National Minimum Wage enforcement
The Department for Business, Energy and Industrial Strategy (BEIS) has today announced that enforcement in relation to the National Minimum Wage (NMW) for sleep-in shifts in the social care sector will be temporarily suspended.
Newsflash: Changes to the PSC requirements were made on 26 June this year
Companies and LLPs need to be aware of the increased information requirements in respect of people with significant control (PSC). The details of these changes only became clear at a late date with implementation from 26 June 2017.
New Care Models and STPs Roundup – June 2017
Hempsons is pleased to bring you the latest in its series of news updates on new care models, STPs and integration.
Newsflash: Hempsons wins Best Professional Services at the Care Home Awards 2017
Hempsons wins best Best Professional Services, legal, financial, planning property management, compliance at the Care Home Awards 2017
Dress codes, headscarves and discrimination
The issue of dress codes and religious clothing has featured in the news recently, following the case brought be a Belgian receptionist in Achbita v G4S Secure Solutions. The case was reported as supporting a ban on headscarves, but the actual outcome was slightly more complicated than that.
Sleep-ins – should they form a part of the National Minimum Wage calculation?
The long awaited appeal by Mencap has now been considered by the Employment Appeal Tribunal (EAT). This appeal is based on the way care is provided, predominantly in the social care sector but also has an impact on healthcare providers too. In recognition of the importance to the sector, this appeal was heard by Mrs Justice Simler, the President of the EAT, and brought together three separate appeals. Mencap operate their sleep-ins in common with most social care providers and pay a mostly flat rate sleep-in payment. They were unsuccessful in arguing that the hours during sleep-in shifts were not to be taken into account in calculating the National Minimum Wage.