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Zero hours and annual leave
Many employers choose to calculate holiday pay for their zero hours workers as 12.07% of their normal pay. A recent decision by the Employment Appeal Tribunal, Brazel -v- The Harpur Trust (2018), may lead to some employers rethinking this.
Stephen Hooper Successfully Defends Social Worker
Stephen Hooper, who instructed Clare Hennessy of Serjeants Inn Chambers, successfully defended a Social Worker facing allegations of misconduct and lack of competence, before a Conduct and Competence Committee of the HCPC.
Keeping it in the family: Wholly owned subsidiaries in the NHS
There is an increasing interest in the establishment of wholly owned subsidiaries in the NHS and this article examines the key drivers for this interest, the legal requirements for such new companies and some of the practical issues that Trusts will need to consider.
Newsflash: The Next Phase of CQC Regulation
During the summer 2017, the Care Quality Commission (“CQC”) consulted on a number of proposals to develop their regulatory approach in primary medical care and adult social care services. The development in primary care is in response to New Models of Care and large, complex providers.
Poor Performance and Misconduct – Navigating the Minefield
“No man is an island” - this phrase is particularly pertinent in the workplace, given that many of us depend on the skills, experience, expertise or manpower of employees in order to succeed. Whilst employing staff is positive and beneficial for the most part, it also involves issues and potential liabilities, which can be difficult to manage especially for smaller employers with limited resources. This article looks at two common employment scenarios and gives guidance on how best to manage them successfully.
HCPC Interim Order Application Resisted
Eastwoods represented a physiotherapist in successfully resisting an application by the Health & Care Professions Council to impose an interim order restricting his registration, following an allegation of sexual misconduct.
Newsflash: Automatic suspension maintained – first automatic suspension case post NDA
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in resisting an application made by Lancashire County Council (the “Council”) to lift the automatic suspension in a procurement challenge. As a result of the claim issued by the Trusts at the end of last year, the Council were automatically suspended from signing the contract with Virgin Care Services Limited (“Virgin”). The Council made an application to lift the automatic suspension. The lifting application was heard on 25 January 2018, and the Court’s judgment has now been handed down.
Government “Naylors” its Estate colours to the mast
In the official response to the Naylor Review, the government has finally acknowledged that world-class healthcare requires world-class property. The government has confirmed that it will: - Establish the NHS Property Board to ensure optimum use of the estate - Deliver strategic estates planning service to support STPs - Invest in training and development creating new career paths - Assist with the provision of additional specialist support - Improve collection and use of data - Encourage take-up across the NHS of accredited training
Newsflash: R (on the application of 1) Silviu Mitocariu, 2) Costica Lazarel) v Central & North West London NHS Founda...
Is there any legal obligation on NHS Trusts to make regular payments or give ‘pocket money’ to hospital in-patients detained under the Mental Health Act 1983 when they cannot meet any personal expenses themselves?
Efficiency initiatives: key issues to consider
NHS organisations continue to search for ways to improve efficiency and ultimately to save money. The Carter Review provided potential methodologies, and opportunities for savings, and Trusts are implementing various strategies. NHS Improvement has also recently pushed for consolidation in the provision of pathology services with its proposals for new networks of laboratories.
The ‘right to return’ – where GPs suspend their primary care contracts to participate in an Accountable Care Organisation,...
NHS England consulted in the autumn on changes to regulations to support the introduction of Accountable Care Organisations (ACOs). This included consultation on the ‘right to return’, a mechanism designed to provide assurance to GPs considering integrating their services with an ACO.
STPs and accountable care roundup w/c 22 January
Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.
Fall out from Carillion requires careful consideration
With the news of Carillion’s liquidation, a number of questions arise. From a procurement professional’s perspective, what happens to the contracts will be of paramount importance. It is unlikely to be a simple case of novating the contract to a new provider.
Managing disagreements around discharge arrangements
Hospitals across the country are coming under increasing pressure as a result of the current winter crisis. NHS Providers has written to Jeremy Hunt to outline concerns that the NHS does not have sufficient beds or staff to manage the volume of required admissions. The need for Trusts to promptly discharge patients who are well enough to leave hospital has never been more intense.