Our dedicated healthcare team works with healthcare professionals and organisations, including care home providers, doctors, pharmacists and dentists based in Hertfordshire, London and across the UK. We help clients manage the legal and regulatory issues involved in running a healthcare business, as well as wider commercial and personal legal matters that can affect them, their staff and the people they support.
As part of this work, Debenhams Ottaway is proud to be a trusted partner of the National Pharmacy Association, the representative voice of independent community pharmacies across the UK. Through its network of carefully vetted trusted partners, the NPA helps its members access reputable, reliable suppliers who can support them across a wide range of business functions. As one of those trusted partners, we provide specialist legal advice to pharmacy owners and businesses.
The sections below explain some of the ways we support clients across the healthcare sector, from employment law and business transactions to succession planning, care-related legal support and dispute resolution.
Helping healthcare employers navigate employment law
Healthcare employers, including doctors, dentists, pharmacists and care providers, need to confidently and proactively address potential employment issues while maintaining high standards across their organisation. This includes meeting their duty of care by ensuring staff are competent, correctly recruited, properly trained and, where necessary, managed appropriately in situations involving poor performance or misconduct.
Our employment lawyers work with healthcare businesses on disciplinary issues, dismissals and settlement agreements. When a solution to an employment dispute cannot be found, we can represent employers at the Employment Tribunal.
We can also undertake employment audits to review where an organisation’s HR policies and processes stand in relation to its responsibilities under current UK employment law. For care providers, this can include reviewing people-related standards linked to Care Quality Commission (CQC) requirements. Our team offers practical guidance on best practice and can provide a written report to support senior management with a clear HR roadmap.
Guiding healthcare businesses through sales, purchases and funding
We regularly work with care home operators. pharmacy owners and other healthcare operators who are buying or selling a business (whether by way of share or asset sale), acquiring premises or seeking funding.
Buying or selling a healthcare business involves navigating a complex legal landscape and is often much more involved than a standard property transaction. As well as advising on regulatory compliance and change of ownership requirements, our dedicated healthcare team can help with:
- Due diligence: investigating how the target business has operated, including its liabilities and compliance with relevant laws and regulations. This is key to allocating risk between buyer and seller and helps the buyer decide whether the agreed price represents value. If you are selling, speaking to us early can help identify whether any issues can be addressed in advance to maximise value.
- Purchase agreements: preparing and negotiating the main transaction document, which sets out the framework for the sale, how the purchase price will be paid and the obligations and conditions placed on the seller so that the buyer is not left with hidden liabilities.
- Funding: meeting the requirements of any lender to the buyer. We regularly work with secured lenders on the sale and acquisition of pharmacies and dental practices, so understand the transaction from all sides and can provide proactive, practical advice.
Our specialist contracts lawyers can also review business agreements in detail to ensure they are clear, robust and compliant.
Succession planning advice for healthcare business owners
Planning for the future of a healthcare business is important, whether you are thinking about retiring, passing the business to the next generation, selling to a third party or putting arrangements in place in case the unexpected happens. Taking advice early can help ensure the right practical, financial and legal steps are in place and reduce the risk of difficulties later on.
Our specialists can guide healthcare business owners through the key issues to consider as part of their succession planning. This may include putting a shareholders’ agreement or cross-option agreement in place, reviewing exit strategy options and making sure personal arrangements, such as a Will, support the wider business plan.
Helping care homes support residents and families
We work closely with care homes both locally in Hertfordshire and across the UK, helping care home owners and their staff to be aware of legal issues relevant to the elderly, including Wills, lasting powers of attorney, Court of Protection, probate and estate administration.
We can provide training seminars and a full support service for care home staff to help them talk to residents and families confidently about their concerns and advise them on when they should seek legal advice.
We also help the families and friends of care home residents who are often appointed as attorneys under a lasting power of attorney or as deputies under the Court of Protection. When this role can’t be fulfilled, our lawyers can act as professional attorneys and deputies. We can provide seminars at care homes for the residents and their families to help them understand important legal issues relevant to them.
Resolving disputes for healthcare businesses and individuals
Our litigation lawyers help both individuals and organisations working in the healthcare sector. Whether it’s a resident who hasn’t paid their care home fees or a pharmaceutical supplier who hasn’t delivered their goods, our lawyers think creatively to resolve disputes without a costly court battle. If going to court can’t be avoided, we take a robust approach to ensure we get the right result.