Employment Law Services

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1 Employment Law Services

2 Working with you Capsticks is the healthcare employment law firm of choice, with the largest dedicated employment team in this sector in the UK. Our lawyers have an unrivalled understanding of the working practices and legal rules that operate in the health and social care market. This means that we are uniquely placed to work with you to achieve the results you want.

3 Capsticks more than performed to our satisfaction. The services around this one particular case were of the highest quality I have seen from lawyers. The quality was consistent throughout the period. The individual support we got was exceptional and beyond the call of duty. Sue Page, Chief Executive, NHS Cumbria Getting your employment function right is crucial to fulfilling your obligations as a leading health or social care employer. We can provide advice to you on a full range of employment issues including recruitment and appointment, drafting and reviewing HR policies, resolving issues and handling the most complex claims in employment tribunals. We work alongside your internal teams to provide them with the support they need right from the start of our work with you. As part of an integrated team of over 200 healthcare legal specialists across our firm, we make sure you always have access to the expertise you require. Our recommendations are definite, sound and, most importantly, will be in line with your commercial strategy.

4 Capsticks Solicitors LLP Our clients Capsticks has worked within the health and social care sector for over 30 years. Our clients include the Department of Health, NHS Employers, the Healthcare Commission and the National Clinical Assessment Service, as well as a full range of acute trusts, mental health trusts, commissioning bodies, private healthcare providers, and health and social care charities. What we can do for you Disciplinary and appeal We provide an end-to-end service to ensure our clients get their disciplinary cases right first time. The support we can offer you includes drafting and reviewing policies, training managers on carrying out investigations, ad hoc support for presenters and panels and advice and representation at hearings. Discrimination We are expert in advising on discrimination issues, including helping clients to promote equality in the workplace. For example, we are the only law firm instructed by the Appointments Commission to provide training on equality and diversity issues for new NHS chairs and nonexecutive directors throughout the UK. It is particularly important to ensure that your recruitment arrangements are discriminationproof. Our experience in this area includes preparing national guidance for NHS Employers on the use of the NHS jobs e-recruitment system. Employment tribunals In all tribunal cases we will provide you with an early assessment of the merits and likely financial exposure, clear advice on whether the case should be settled or fought, and a case plan detailing the further steps required. We can provide you with strategic and tactical support to see you safely through a dispute to secure the best possible commercial outcome. At the end of a hearing we offer a debriefing session to share the lessons learnt from the case to avoid the risk of further litigation.

5 Employment Law Services Groundbreaking work We regularly advise on ground breaking national initiatives. Some of these include: Advising on the workforce and pensions issues in establishing many of the new social enterprises since 2010 under the Transforming Community Services programme (TCS) for community based healthcare services. These included the first TCS social enterprise in London, and one of the first social enterprise organisations to combine integrated health and social care services. Drafting the national statement on behalf of NHS Employers about the impact of the Stringer case (dealing with employees holiday entitlement while on sick leave) on the NHS. Advising NHS London on the development of a model change management policy that promotes consistency and good practice among employers, and which has been adopted by many of the NHS bodies in London. We have also successfully defended clients in groundbreaking litigation including: Woodcock v Cumbria PCT (age discrimination) Hussain v Surrey and Sussex Healthcare NHS Trust (MHPS) Emmanuel v City & Hackney PCT (Equal Pay) What we can do for you Health professional practice advice Our considerable expertise in the Maintaining High Professional Standards in the Modern NHS ( MHPS ) framework means that we can successfully guide you through the process, warn you of pitfalls and help you to avoid costly injunctions and litigation. Organisational change We are always on hand to direct and guide your management team through organisational change so that the process is as smooth as possible. We are experts in the identification and negotiation of the risk issues resulting from the application of TUPE. This means that we can help you to identify and pre-empt any potential future redundancy issues and negotiate any risk sharing arrangements for you. We have recently advised on two major NHS transactions; one an acquisition of an NHS trust by a foundation trust and the other, the merger that created Barts Health NHS Trust. HR Advisory service Our HRA service provides employee-relations advice on an outsourced basis and consultancy and investigation services in particularly sensitive cases. Please ask for our HRA brochure for more information.

6 What sets us apart? We understand the working environment in which our clients operate and our experience means that we can hit the ground running. When you work with us, you can expect the following: Robust and established working systems Deadline and budget monitoring Quality and consistency from a team you will enjoy working with Training and support for you and your team User friendly management information and analysis Regular relationship meetings Seamless partnership working between us and your team However, above all, we work for you, and how we work with you is up to you. If you want something different just ask us. Don t take our word for it This expanding team is an excellent outfit with impressive individuals at all levels. It specialises in healthcare employment and is said to have a fantastic understanding of the intricacies of NHS employment contracts. It advises on the full range of employment issues, including discrimination, equal pay, major reorganisations and doctors disciplinary cases. It is particularly commended for the added-value services it provides to clients. Client Service: They are extremely good at educating clients and supporting the HR community. Chambers 2012 This Trust has always found Capsticks to provide a highly professional and client centred service. They give both sound legal advice, coupled with a pragmatic understanding of how the advice might impact on the services provided. Capsticks have an excellent understanding of the issues facing the NHS and are quick to advise on issues both at a local and national level. They are good at keeping their clients up to date with hot topic issues. Janet King, Director of HR & Facilities, Frimley Park Hospital NHS Foundation Trust I find Capsticks flexible in their approach, constantly looking for ways to improve service delivery and they have been very innovative in this respect. They clearly endeavour to align their business with the needs of the client. The partners involved in our work add value to the service by providing effective leadership to their colleagues. Nic Greenfield, Director of Workforce, Department of Health

7 Like to know more? To find out more about our Employment law services please visit or if you wish to speak to us please call one of our team. Peter Edwards Senior Rachael Heenan Martin Hamilton Head of Employment Law Jacqui Atkinson Claire Reynolds Andrew Rowland Gary Hay Ron Simms

8 Capsticks Solicitors LLP London Office 1 St George s Road, London SW19 4DR T +44 (0) F +44 (0) DX Wimbledon Central Birmingham Office 35 Newhall Street, Birmingham B3 3PU T +44 (0) F +44 (0) DX Birmingham Leeds Office Toronto Square, Toronto Street, Leeds LS1 2HJ T +44 (0) F +44 (0) DX Leeds Park Square Southampton Office 22 Kings Park Road, Southampton SO15 2AT T +44 (0) F +44 (0) DX Southampton 3 emp3.indd414

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