Health Sector

Michelmores Health Sector Solicitors have significant experience acting for NHS Trusts, Integrated Care Boards, Ambulance Services, and other health bodies.

Our specialist Projects/Commercial, Property and Construction teams provide non-contentious and contentious support on major development and infrastructure projects, health sector joint ventures, outsourcing and facilities management, construction and planning, real estate asset management, acquisitions and disposals; including environmental, sustainability and net zero matters.

Employment law advice includes support on HR policies and procedures, TUPE and restructuring, through to grievances, disciplinaries and Employment Tribunal claims.

We understand the sector’s dynamic regulatory and legislative challenges, and the need for cost-effective high-value service provision against demanding budgetary constraints.

Our experience acting for the private sector within the health environment means our advice always reflects the wider commercial context, ensuring its deliverability.

We work as an integral part of our NHS clients’ teams, with shared goals and sensitivity to risk and reputational damage.

We are panel members of the NHS SBS Legal Services for Health Framework SBS10196 which allows clients to access our specialist sector expertise at attractive rates.

For further information on Michelmores’ Health Sector legal services and to learn more about our NHS SBS framework appointment, please contact Ian McWalter, Bids Manager.

Recent experience

• Advising a Trust on the commercial options for redeveloping a hospital including:
  • a joint venture with the private sector and the public procurement procedures available.
  • a Prior Information Notice to facilitate early market engagement.
  • advice on the “vires” of the Trust participating in income-generating corporate joint ventures.
• Advising a Trust on possible joint commercial/funding structures to procure a supplier of imaging equipment.
• Undertaking a “red flag” review of standard terms and conditions, highlighting to the Trust the risks and liabilities, including payment terms, warranties, exclusions of liability, insurance and termination.
• Providing urgent specialist advice on a pre-action procurement challenge of the tender process for a contract for business-critical services where the current contract expired imminently.
• Advising on a dispute for damages including losses of commercial income associated with a specialist pharmaceutical unit.

• Advising a Trust on all property aspects of a major redevelopment of its central London site including:
  • providing title reports.
  • ability to recover possession from a multiple occupier.
  • ownership and boundary issues including tunnels; ownership of adjoining highway; rights of light and air; rights/cross-rights and restrictive covenants.
  • ability to recover possession from informal occupational arrangements.
  • options paper for the negotiation with an adjoining owner including land swap, option to purchase, conditional sale and purchase, lease.
  • heads of terms for the acquisition and conversion of a building.
• Acting in connection with the site acquisition and development of a Nightingale Hospital.
• Advising on entering into leasing arrangements for Covid vaccination centres.
• Acting on an NHS Trust’s renewal of its portfolio leases. This project involved agreeing standard template Heads of Terms and lease documentation applicable across a wide range of sites.
• Acting in relation to the review of key worker accommodation leases and NHS-owned housing.
• General real estate advisory work for NHS Trusts on issues including landlord and tenant, SDLT, transfer of undertakings, sustainability improvements and MEES.
• Dealing with the surrender and handback of surplus property, including advising on dilapidations and end-of-term liabilities.
• Acting for an NHS Trust on its entering into nominations arrangements with investor/developer landlords for key worker housing.
• Advising on funding arrangements for hospital investment projects.
• Advising a Trust on the final negotiation of the NEC construction contract for a redevelopment programme, as well as on a range of transactional and dispute-related construction matters.
• Completing a Preconstruction Services Agreement (PCSA) for the design and planning stage of a Trust’s development project with agreed forms of Parent Company Guarantee, Bond, Collateral Warranties, Novation and NEC Contract.

• Advising Trusts and Emergency Service Providers on a number of Employment Tribunal Claims including:
  • age and sex discrimination and unfair dismissal.
  • ill-health and capability.
  • status determination involving unlawful deduction of wages.
  • whistleblowing and automatic unfair dismissal brought against a Trust and a partnership organisation.
  • disability discrimination and unfair dismissal brought by a bank staff member.
  • disability discrimination due to depression and stress.
  • disability discrimination due to PTSD and failure to make reasonable adjustments.
  • harassment and constructive unfair dismissal.
  • wrongful and unfair dismissal.
• Supporting Trusts and Emergency Service Providers on internal issues including:
  • grievance, disciplinary and appeal processes using a Trust’s HR policies and procedures.
  • equal pay disputes.
  • facilitating the outsourcing of a complex investigation.
  • a transfer of services and the associated TUPE implications.
  • contract and policy drafting.
  • trade union disputes.
  • collective consultation regarding variation of contracts.
• Supporting an ICB through the restructure and organisational change process from being a CCG, providing clear, concise and practical advice and support including:
  • advising on the employment status of the governing board officers in the lead up to the ICB transfer to establish their redundancy entitlements.
  • providing tailored training on TUPE ahead of the transfer from the CCG.
  • advising and assisting in responding to a Data Subject Access Request submitted by a senior staff member.
  • advising the head of HR on a multi-layer grievance brought by a senior clinician against their manager.
  • advising on an ongoing Employment Tribunal Claim for disability discrimination, failure to make reasonable adjustments, harassment, and direct discrimination.
• Bespoke training to a range of Health Sector Bodies on immigration, TUPE, absence management, grievance and disciplinary processes.