Advice and representation for individuals
Healthcare professionals
How can we help?
If you work at a senior level in the NHS as a Consultant, doctor, senior leader, or if you are a senior healthcare professional working in the private sector, or have an honorary contract with a research institution, we have particular insight into the culture and issues that might impact upon your working life.
We understand the legal framework and complexities surrounding NHS pay, terms & conditions, and working arrangements, including job plans, PAs, CEAs, redundancy provisions as well as private practice arrangements.
This expertise is important when considering the range of alternatives available when engaging in internal processes, pursuing litigation or negotiating severance terms.
We act exclusively for individuals within the NHS and have regularly acted against well-known NHS Trusts, health boards and healthcare organisations in high profile and complex cases. We do not act for NHS employers.
What can we advise on?
We have experience in the following areas:
- Investigations under MHPS or disciplinary procedures
- Discrimination
- Whistleblowing processes and whistleblowing victimisation
- Grievances
- Private practice issues – including breach of contract claims and worker status
- Navigating the impact and complexities of dysfunctional teams
- Job plan and flexible working request negotiations
- Employment Tribunal and High Court litigation
What should I do if I am under investigation under a disciplinary policy or MHPS?
Being subjected to an MHPS or disciplinary investigation for any reason is an extremely worrying situation clouded with uncertainty and the fear of disciplinary sanctions, regulatory implications and reputational issues.
In many cases the disciplinary procedure will be a contractual process under MHPS, or if you are a clinical academic, it will be underpinned by statute. We can help you understand how the procedure can be used as a sword and as a shield and make relevant and powerful representations to help obtain the best outcome for you.
You should always consider seeking assistance from relevant professional associations or trade unions including the BMA, MPS or HSCA. Sometimes we work alongside these associations, and in other cases we assist clients where the professional body will not do so.
What is whistleblowing in healthcare?
Whistleblowing as defined in UK employment law is the act of an employee or worker disclosing information in the public interest, to their employer and other specified organisations/individuals about a matter they reasonably believe tends to show a criminal offence, breach of a legal obligation, miscarriage of justice, danger to health and safety, damage to the environment or deliberate concealment of any of those. Dismissing or subjecting a whistleblower to a detriment on grounds of that disclosure is unlawful.
We are whistleblowing experts.
Whether you are considering blowing the whistle and wish to protect yourself, or you have already blown the whistle and are now facing retaliation such as exclusion, unfounded disciplinary/capability allegations, demotion or dismissal, we can provide reassurance and guidance.
We recognise that whistleblowing in the NHS is not easy. This is despite the various inquiries and reviews set up to encourage individuals to raise concerns, including ‘Freedom to Speak Up’ arrangements and the requirement for NHS Trusts to have Whistleblowing Guardians. We recognise that most clinicians do not even recognise they are whistleblowers because they are simply raising concerns that ought to be raised about patient safety.
How can BDBF assist whistleblowers?
We can assist in a variety of ways, from helping you disclose information in a manner more likely to gain you whistleblowing protection, guiding you through relationship difficulties following whistleblowing disclosures you have made, to pursuing Employment Tribunal claims for whistleblowing detriment and dismissal.
Can BDBF assist me in bringing Employment Tribunal claims against my NHS employer?
We are litigation experts and regularly act for individuals in the Employment Tribunal and Employment Appeal Tribunal in unfair dismissal, constructive unfair dismissal, discrimination and whistleblowing claims.
We have litigated successful claims against NHS Trusts where litigation (as the last resort) has been the only means to obtain compensation and redress. Some examples are listed below:
Can I bring a claim against my private practice organisation?
In certain circumstances this may be possible. Generally, private practice providers contract with individuals on a self-employment basis usually via Practising Privileges Agreements. Such arrangements often state that there is no employment relationship between the parties, which means individuals do not benefit from the full suite of employment law protections.
However, you may have claims for breach of contract and, further, in some instances you may have obtained ‘worker’ status which entitles you to bring claims for discrimination and whistleblowing detriment and dismissal.
We are experienced in advising on worker status and pursuing such claims.
Who at BDBF can assist me?
Samantha Prosser, Partner, has specialist experience in advising private and NHS Consultants from leading hospitals on private and NHS whistleblowing and discrimination claims, defending disciplinary allegations under MHPS and disciplinary processes, raising grievances, and bullying, harassment and contractual claims, together with worker status claims in respect of private practice work.
Samantha’s work has included:
- acting for an Associate Medical Director in her claims for whistleblowing detriment and dismissal, unfair dismissal and disability discrimination claims;
- acting for a senior NHS consultant in her successful claims for sex discrimination, harassment and victimisation. Claims also involved arguing worker status at her private practice and pursuing this case to the Employment Appeal Tribunal;
- acting for an NHS consultant in their successful claim for constructive unfair dismissal, which involved advising on MHPS processes and GMC regulatory issues;
- negotiating exits and advising on settlement agreements from NHS Trusts in respect of members of senior management; and
- providing ongoing advice to senior clinicians facing MHPS investigations and the management of internal relationships.
If you would like to discuss any issues relating to NHS Consultants and senior healthcare professionals, please contact Samantha Prosser (SamanthaProsser@bdbf.co.uk) or your usual BDBF contact.
