Voluntary overtime could boost NHS holiday pay bill

When it comes to working out what pay elements must be reflected in holiday pay, voluntary overtime is the latest hot legal topic. Mills & Reeve is acting for the employers in the latest round of litigation. Depending on how it ends, the bill for holiday pay across the NHS could rise significantly. Read more.

Striking a new balance in confidentiality clauses

The combination of the Weinstein scandal and stricter regulatory guidance should prompt employers to think more carefully about the use of confidentiality clauses in employment settlement agreements. In deciding how to word each agreement, NHS organisations will need to balance the employee’s legal rights against their own legitimate interests, as well as considering the wider public interest. Read more.

NHS managers face strict necessity test for excluding doctors

Doctors are increasingly taking to the courts to challenge exclusions or practice restrictions imposed while investigations under MHPS progress. NHS managers need to aware that their decisions are likely to face increasingly rigorous scrutiny and must be able to demonstrate that any steps taken to limit a doctor’s ability to practice are strictly necessary. Read more.

Making the case for workforce portability

There is an overwhelming case for transformation of health and social care through collaboration, given our growing and ageing population with greater health and care needs.  To achieve this the NHS needs a flexible and adaptable workforce, which is portable in order to deliver enhanced and integrated out of hospital care and social care transformation, as well as integration of back office and clinical support services.