Shared Services & Outsourcing

Transcription

1 Shared Services & Outsourcing

2 Delivering for you When it comes to getting clear legal advice for your project, we think you are best served by a legal team that has in-depth knowledge and experience of dealing with the issues. Our team has worked on a wide variety of shared services and partnering arrangements and can help you deliver the QIPP agenda for your organisation.

3 Capsticks adds value to a deal through its unequalled knowledge of the health industry. Legal Whether it s pathology, decontamination, estates, HR advisory, payroll, local authority arrangements or shared clinical provision, we will help you get a deal that achieves productivity gains and delivers value for your organisation. Outsourcing or sharing back office functions and clinical support services are options that can deliver immediate benefits that don t take years to hit the bottom line. But it is important that these arrangements are structured correctly so that they don t end up costing your organisation more. In a landscape where there is increasing pressure on NHS organisations to reduce costs and improve performance, it is more important than ever to make the right decisions. Capsticks has been working in partnership with the healthcare sector for over 30 years. We work with 200 healthcare businesses both in and outside the NHS. We like to think we know the healthcare business inside out, and because we have an in depth understanding of the issues that are likely to affect you, we ll always find the right answer for you.

4 Capsticks Solicitors LLP How we can help Early planning & procurement law implications We work with our clients on all stages of their shared services and outsourcing arrangements. We can be flexible in the way we work with you some clients may want us to help with just one or two parts of a project but others prefer a full, joined up service. All projects are different but we can use our experience to help save you money and deliver your project on time. Assistance with timetable and project planning so that your internal and external resources work together as a joint team Understanding the procurement law implications working out whether any exemptions apply for your project Advice on the Teckal cases and their impact on your project Understanding recent flexibilities around shared services in the latest EU procurement cases Drafting OJEU adverts and procurement documentation so as to minimise challenges to your project Understanding vires and approval requirements so that your project proceeds smoothly Preliminary structuring advice for joint ventures and corporate structures Advice and training on DH and Monitor guidance Commercial structuring of your project Choosing the right shared services structure for your organisation Advising on all aspects of the formation of in-house or multi-party shared services centres Drafting and negotiating all necessary documentation, such as memoranda of understanding, service level agreements, partnership agreements, framework agreements, shareholders agreements and joint venture agreements Comprehensive advice on the formation of joint ventures Formation of companies and partnerships Understanding your organisation s key concerns and ensuring the correct risk transfer Allowing for cooperation between parties to account for internal reviews, changes to management and contract variations Detailed consideration of the payment mechanism and financial risk Understanding the effect of termination on your organisation and drafting appropriate performance management, step-in and compensation on termination provisions Advising on the potential for commercial exploitation of your shared service Negotiating outsourcing contracts with the private sector Advice on directors duties and conflicts of interest

5 Shared Services and Outsourcing Implications for your estate Estates rationalisation focusing on strategic analysis of pooled property portfolios Maximising capital receipts through taking advantage of increased marriage values Enhancing the marketability of surplus sites in advance of disposal Working together with public sector partners to co-ordinate best use of surplus space Ensuring better space utilisation through opportunities for shared or sessional use arrangements Implementing an electronic estates management database for pooled estates management Structuring and coordinating managed site disposal programmes with public sector partners Getting your house in order through regularising occupational arrangements Sharing data on energy use to minimise CRC Energy Efficiency Scheme expenses Promoting cost efficiencies through best practice and NHS Estatecode compliance Advice on Monitor s requirements regarding protected property Understanding the effect on your workforce Identifying staff who will be affected by any TUPE transfer especially in relation to staff members who provide ancillary services such as HR or finance Advising on the implications of the Cabinet Office Guidance on Staff Transfers in the Public Sector Helping you to identify any intention the contractor may have to make changes to the services or the working conditions of the employees after transfer Advising on early meetings with key managers and key staff, including union representatives, to explain the general approach and to identify issues as early as possible Working with you to establish a good relationship with the union representatives and showing that the proposals are not detrimental to their members Discussing practical issues with you, such as where staff will be located, what equipment they will need and what facilities are required Helping you work with new providers to ensure that they understand fully how the service works and ensuring that any transition is as smooth as possible Ensuring that all pension issues are resolved at an early stage to avoid time-consuming and costly consequences of trying to resolve those issues at a later date

6 What is it really like to work with us? Commercial Awareness: Their focus on healthcare issues allows them to navigate you through the most complex of problems. Chambers 2011 Specialist health firm Capsticks attracts superb feedback for its good balance of commercially grounded advice with sound technical foundation. Chambers 2011 Our experience Our reputation as a market leader has been built over many years advising in the healthcare field. Some of our recent work on outsourcing projects includes: Setting up hosting and shared services arrangements for a group of NHS bodies in relation to the provision of estates and related services Acting for a private sector hospital group on a pathology outsourcing project for its hospitals Advising on various innovative joint ventures both between NHS bodies, and with service provision by and to the private sector, in relation to the provision of primary care and urgent care services Advising groups of NHS bodies on the outsourcing of its pathology services in a partnership arrangement between the NHS bodies Acting for numerous PCTs and NHS providers in relation to the transfers of PCT provider and shared services (including vertical integration, interim management arrangements and social enterprises) Advising on large scale outsourcing projects for NHS foundation trusts including the outsourcing of pathology, decontamination, catering, estates and payroll services Advising on the application of safe and robust procurement processes, to optimise the legal position and protect continuity of service and implementation timescales Advisory and negotiation support on mergers and acquisition and including shared services arrangements leading up to merger between NHS Trusts and NHS Foundation Trusts We regularly advise on joint working arrangements with local authorities, including drafting partnership agreements that comply with the complex statutory requirements as well as the specific needs of our clients

7 Like to know more? To find out more about our experience please visit our website: or if you would like to speak to us please call one of our team on the attached teamsheet. Your key contacts Sharon Lamb JACQUI ATKINSON Andrew Rowland DAVID FIRTH Jacqui Atkinson RACHAEL HEENAN Andrew Davidson SHARON LAMB David Firth ANDREW ROWLAND

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