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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.
Revalidation – a trap for the unwary?
All doctors will be aware of the need to revalidate and the GMC’s responsibilities in this regard. Revalidation is the process by which doctors are required to demonstrate that they are up to date and fit to practise. Doctors must revalidate every five years, and in order to do so they must have annual appraisals based on the GMC’s guidance, Good Medical Practice.
Healthcare newsbrief: Summer edition now available
Welcome to this latest edition of Hempsons’ healthcare newsbrief. Healthcare policy is always a challenging area to write about and this year the election, with its uncertain result, has made it even more so.
Key Legal Developments Update – June 2017
We’ve highlighted the latest key legal developments within healthcare. The below snapshot of information covers land mark rulings from mental health to inquests and a number of other interesting developments in the legal world.
Opt in, opt out, shake it all about?
Charities have had something of a bumpy ride lately… and the bad news is that it’s not over yet. On top of increasing scrutiny of fundraising carried out by charities, data protection law and the Information Commissioner has now come to the fore with some big-name charities fined for data protection breaches.
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.
Fit for the future – our NHS legislation wish list
Whilst politicians fight over the bloody remains of the June 2017 election there is likely to remain a broad political consensus that health and social care integration is desirable. NHS and local authority leaders will continue to try to implement sustainability and transformation plans (STPs) and develop accountable care systems (ACSs).
Newsflash: Digital Health Services and the CQC
Building on the CQC guidance issued in March this year for digital health providers (see http://www.cqc.org.uk/file/1295582) the CQC has issued an update on issues uncovered in a number of recent inspections, particularly in relation to online prescribing.
Newsflash: New competition law requirements for the private healthcare sector including NHS private patient units
The Competition and Markets Authority (CMA) has made an order to implement the “consultant fees remedy” under the Private Healthcare Market Investigation Order 2014 (the Order).
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.
Newsflash: Updated GMC Guidance on Confidentiality 2017
On 25 April 2017, the updated GMC Guidance, Confidentiality: Good Practice in Handling Patient Information (“the Guidance”) comes into effect
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.
Newsflash: 2017 General Election – Purdah
The Cabinet Office has published new guidance about maintaining the impartiality of the civil service and public bodies in the period leading up to the 2017 election – often known as purdah.