Employment Law for Doctors
EMPLOYMENT LAW FOR UK DOCTORS
Doctors Defence Service Lawyers handle simple and complex employment law cases for medical doctors. Whether a doctor works in private practice, a GP- or other partnership (salaried or equity partners), or for the National Health Service (NHS), our lawyers offer an employment law advice and representation service that takes into account the often difficult professional working environments that doctors face on a day to day basis.
Bullying and Harassment
Our representatives have experience of advising and representing registered practitioners who have been bullied and harassed in the workplace, have experienced discrimination (such as, on grounds of: race, disability, sexual orientation), have been unfairly dismissed, have had contracts redrawn without consent, have had false allegations of clinical or managerial incompetence made against them, have experienced a detriment following a protected disclosure (whistleblowing), have been dismissed on grounds of ill health, have been reported to the GMC under a false pretext.
The Duties of an NHS Employer
In the case of Gregg, the judge stated:
78. It is an implied term in all contracts of employment that an employer will not, without reasonable and proper cause, conduct itself in a manner likely to destroy or seriously damage the relationship of confidence and trust between employer and employee …Malik v BCCI [1998] AC 20). The conduct in question is assessed objectively in that it does not require an assessment of the intention of the parties. (Gregg v North West Anglia NHS Foundation Trust [2018] EWHC 390 (QB) (27 February 2018))
In general, [see the same case of Gregg at 180], an implied term of trust and confidence requires a Trust to act fairly in its dealings with a doctor (or employee) and to exercise its discretion under the employment contract reasonably and rationally.
The same can be said the other way around, too. A doctor must act fairly towards their employer and not undermine trust and confidence in them. Where it can be established that a doctor has so acted, dismissal or other disciplinary action might follow.
Our advisors can advise you on the steps that you might take in response to an employment issue that you are dealing with.
Sometimes, problematic employment situations can be resolved quickly through correspondence with an employer. On other occasions, mediation may be appropriate or a renegotiation of the terms of employment.
In some circumstances, formal proceedings may have to be issued in an Employment Tribunal, so as to protect a doctor’s position. An employer could also seek to agree a negotiated exit, according to s.111A Employment Rights Act 1996, which might be in a doctor’s interests to explore.
Our lawyers can look at the remedies that may be available to a doctor and give guidance and legal advice on the various ways forward. Our lawyers are experienced in representing doctors in a wide range of employment disputes.
Our lawyers also represent GP Practices and other healthcare establishments that employ Registered Medical Practitioners. Our lawyers can draft bespoke contracts of employment, employment law policies, disciplinary and grievance policies, and redundancy agreements. Our lawyers can check your current policies and procedures and advise on making them compliant with current employment law concerning all employees, including practice nurses, ancillary staff, cleaners, administrators, practice managers, as well as doctors of all grades. We can also advise on contracts for services provided by external organisations and personnel.
Our lawyers can advise on the steps a doctor might take to have an Alert Notice or Alert Letter rescinded, where they are unable to obtain work, or the alert is making it difficult to find work. The NHS has a code of practice for the issuance and withdrawal of alert notices / alert letters.
Our lawyers can provide an employer or doctor with a written opinion on the steps they might take about a particular issue. Alternatively, we can arrange a face-to-face meeting so that several issues may be aired and discussed.
If you would like to speak to one of our employment lawyers about a potential employment law issue, without obligation, call us in confidence on 0800 10 88 739
View our: Digest of Employment Law Cases that Affect Doctors
See also our article: Whistleblowing and Doctors