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Lease repairs for surgery premises – tackling and managing the risks
If you are a tenant of your surgery premises under a lease, it is essential you understand and manage your repairing obligations. Depending on the size, age and condition of the premises, the costs of meeting these obligations can run into the tens and sometimes hundreds of thousands of pounds – and a regular programme of maintenance can help to avoid larger claims arising at a later date.
Updated GMC Guidance on Confidentiality 2017 – what you need to know
The updated GMC Guidance Confidentiality: Good Practice in Handling Patient Information (“the Guidance”) came into effect on 25 April 2017. The Guidance builds upon the core principles set out in the GMC’s Good Medical Practice. It is aimed at providing a framework for considering when to disclose a patient’s personal information and sets out the responsibilities of all doctors for managing and protecting that information.
GP Practice Mergers
The push towards being part of a larger clinical entity is showing no sign of abating – and we are no longer talking in terms of a “large” practice constituting 10-15k patients; we are now talking in terms of list sizes – and Contracts – governing 30-50k patients!
Changes to the National Minimum and Living Wage – What are the benefits and consequences?
The National Living Wage was introduced in April 2016, which in effect created a higher minimum wage of £7.20 per hour for workers aged 25 and older. A year on, following further increases to the National Living and Minimum Wages in April 2017, what difference has this increase made to employers and employees?
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.
Day v Lewisham & Greenwich NHS Trust & Health Education England (2017)
The Court of Appeal has decided that Health Education England may yet be liable for whistleblowing claims brought by junior doctors, in the high profile case of Day v Lewisham & Greenwich NHS Trust & Health Education England (2017).
Newsflash: Next Steps on the Five Year Forward View – Technology and Innovation
The Next Steps review acknowledges that technology underpins all of the major NHS work programmes.
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
Health start-ups: Mind your Ts & Cs – the biggest lie on the internet?
Building on the previous articles in this series which look at key legal issues doctors need to consider when starting up a healthcare business, we now turn to the contractual terms and conditions. Now, a number of people have noted that legal terms and conditions on websites and in mobile apps play a key role in what has been called ‘the biggest lie on the internet’.
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.
Dress codes and headscarves
Dress codes and religious clothing have been considered by the European Court of Justice (CJEU) in two cases recently and unfortunately their guidance is not as clear as it could be. The French case of Achbita v G4S Secure Solutions was reported as supporting a ban on headscarves but the actual outcome was slightly more complicated than that. The Belgian case of Bougnaoui v Micropole SA reached a slightly different decision, refusing to uphold a ban, but the case emphasised just how hard it can be to enforce a supposedly neutral dress code.
Clinical negligence – Fatal accidents update and quantum cases of interest – April 2017
Our update on recent clinical negligence cases sees Hempsons comment on legal issues and quantum points arising. Click here to read more about these cases. Please speak to Stephen Maratos with any questions.
Trade Union Act 2016 – how will the legislation impact on the healthcare sector?
The Trade Union Act 2016 (“the Act”) results in significant changes to the right to strike and the power of trade unions.