Health Care Employment Litigation Unit
At Applebys we have a wide spread reputation for litigation in the Healthcare sector. As a consequence of our litigation experience we have accumulated specialist experience in the field of employment contracts and healthcare staffing.
Complexity of arrangements over employment of staff is now the standard positon throughout the Healthcare sector and it is no longer the case that your employer can be recognised by your place of work. Significantly, over the past 15 years, we have seen the growth of organisations where the care provided is sourced from many different contractual streams.
In the case of Residential Care for the elderly it is not unknown for the cleaning staff to be provided by an agency, the care staff provided by 2/3 different agencies and even the management of the organisation is contracted out to a specialist firm. To a service user or their families, this is completely invisible as all staff are frequently wearing exactly the same uniform. This multi-agency approach to healthcare staffing requires talented management to ensure that cohesion of service, discipline and routine is maintained. Regrettably, this talent is often lacking in some organisations.
This can lead to disparity of employment terms, hours, pay and conditions can be different for different staff and the inevitable result is friction. Often disciplinary measures are being taken by one agency member against another and overseen by a third management agent who has their own interests in the outcome. The obligation for an employer to maintain a well-managed team often falls into complete disarray and occasionally this can be a grievance procedure for discrimination or even a tribunal for wrongful or unfair dismissal.
We at Applebys Solicitors, have the expertise to pick through these arrangements and we can often avoid the necessity of a long drawn out tribunal process by the effective use of Alternative Dispute Resolution. We can also advise you on any suggested compromise agreement or settlement agreement. If you are a Healthcare worker and you have issues with your employer such as;
• Wrongful Dismissal
• Bullying or Harassment
• Disciplinary Proceedings
• Employment Tribunal Representation
• Equal Pay
• Wrongful Dismissal
• Fixed Fee Employment Documents (i.e. Compromise / Settlement Agreements etc.)
• Maternity / Paternity / Benefits / Pay
• Transfer of Undertakings (TUPE)
• Unlawful deductions from wages.
We can usually act on a damage based agreement (i.e. we take a percentage of your winnings) and this means no up-front costs to you. Get in touch and we can discuss your situation.